중개수수료
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is charged with KRW 41,85,000.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff is a licensed real estate agent who operates the F Licensed Real Estate Agent Office in Songpa-gu Seoul Metropolitan Government E (hereinafter “E”) No. 117 and engages in real estate brokerage, etc., and the Defendant is a company that engages in real estate development business, real estate consulting business, real estate sale agency business, etc.
B. On November 19, 2009, the Defendant received 7 stores with the first floor E, 7 stores with the ground level on December 14, 2010, 11 of the ground level, 3 stores with the second floor on the ground level, 3 stores with the ground level on December 14, 201.
C. On March 12, 2012, the Defendant entered into a contract under which E stores Nos. 117, 118, 145, and 146 (hereinafter “first shop”) sell to I et al. for KRW 2,311,20,000 (i.e., value-added tax of KRW 2,160,000,000, value-added tax of KRW 151,20,000) (hereinafter “first sale contract”).
On March 29, 2012, the Defendant entered into a contract under which the E sales price of KRW 1,048,600,000 (i.e., KRW 980,000,000, value-added tax of KRW 68,600,000) was sold to J (hereinafter “instant secondary sales contract”).
E. On August 31, 2012, the Defendant entered into a contract with K, etc. for selling KRW 1,583,600,000 (i.e., the sale price of KRW 1,570,000,000, value-added tax of KRW 136,000,000 (hereinafter “instant third sales contract”).
[Ground of recognition] Facts without dispute, Gap 11 through 15, 28, Gap 31-7 through 9, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion asserts that the Plaintiff entered into a consulting or sales agency contract with the Defendant and sought payment of the consulting or sales agency fee to the Defendant as follows.
(1) In order to promote the sale in lots, the Defendant is awarded a contract with 20 stores E in a public auction, but most of them are public offices and business districts are not formed almost.