기타(금전)
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 22,91,50, respectively, as well as the full payment from December 30, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a licensed real estate agent operating real estate brokerage business under the trade name “E” in Suwon-si, Suwon-si, Suwon-si.
B. On September 4, 2017, the Defendants concluded a sales contract to purchase land and buildings located in Suwon-si G (hereinafter “instant real estate”) from Nonparty F for KRW 5.2 billion in price (hereinafter “instant sales contract”) via the Plaintiff’s brokerage.
C. The phrase “the amount of brokerage remuneration and actual expenses,” attached to the instant sales contract, and “the calculation details” column, shall include the brokerage remuneration of KRW 51,480,00 (including value-added tax) and “5.2 billion x 0.9% x 0.9%.” At that bottom, the signature and seal of the Plaintiff and the Defendants is affixed.
The Defendants paid a balance to FF on December 11, 2017, and completed the registration of ownership transfer with respect to one half of the instant real estate each on the same day.
E. Meanwhile, on September 29, 2017, the Defendants concluded a sales contract to purchase the land and buildings located in Suwon-si from Nonparty H in Suwon-si with the purchase price of KRW 1,97,00,000. The aforementioned sales contract’s brokerage remuneration was determined as KRW 19,503,00 (including calculation details of KRW 1.97,00,000 x 0.9%, and value-added tax). The Defendants paid a balance to the seller H on November 13, 2017 and completed the registration of ownership transfer as to one half of the above real estate on the same day.
F. On October 25, 2017, the Defendants paid KRW 25 million to the Plaintiff as remuneration for real estate brokerage. Among them, the intermediary remuneration paid in relation to the instant sales contract amounting to KRW 5,497,00 (= KRW 25 million) - KRW 19,503,00 for the brokerage remuneration of land and buildings located in Suwon-si, Suwon-si.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination on the main claim
(a)the cause of the action;