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(영문) 광주지방법원 2015.01.09 2014나5988

약정금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 5,00,000 and its payment from February 15, 2014.

Reasons

1. On December 10, 201, the Plaintiff agreed to pay the introduction fee of KRW 10 million per case, if the sales contract for the Daegu-gu C apartment (hereinafter “instant apartment”) was concluded with the Defendant who runs the apartment sales business on the basis of the Plaintiff’s introduction.

On December 28, 2011, the defendant entered into a sales contract with D (Plaintiff's discount) introduced by the plaintiff, and paid KRW 10 million to the plaintiff on December 28, 201.

In addition, the defendant concluded a sales contract with E (the plaintiff's paper) introduced from the plaintiff, and paid 5 million won out of the introduction fee to the plaintiff on December 30, 201, and paid 5 million won to the plaintiff on December 30, 201, if the remainder of 5 million won is paid from E.

On the other hand, the defendant decided to leave the profit of 5 million won through the unregistered resale in case of the sale in lots to E, and that E entered into a provisional contract for the sale in lots as to the apartment of 102 Dong 2102.

E, on May 25, 2012, completed the remainder payment of the instant apartment 102 Dong 501 by offsetting the Defendant’s above profit claim against the Defendant and the Defendant’s remainder claim against the Defendant E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including a branch number if there is a serial number), F’s legal testimony and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from February 15, 2014 to the date of delivery of a copy of the complaint of this case, as sought by the Plaintiff, to the Plaintiff at the rate of 10 million won per annum from February 15, 2014 to the date of full payment.

3. Judgment on the defendant's assertion

A. The Plaintiff’s summary of the Defendant’s assertion on incomplete performance is the sales recommendation fee.