중개수수료
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.
3...
1. Basic facts
A. On August 22, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) concluded a sales contract (hereinafter “instant sales contract”) with respect to Non-Party 8,460,000,000 won (contract amounting to KRW 1,7,460,000,000 (contract amount to KRW 7,460,000,000) with respect to the payment of the balance, payment of KRW 7,460,000,000 at the time of the contract to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) as a licensed real estate agent (hereinafter “instant brokerage contract”). < Amended by Act No. 11354, Feb. 25, 2013>
B. Although February 25, 2013, which was the remaining payment date, the non-party company did not pay any balance, the non-party company did not pay the balance, and the defendant notified several times of the performance of the instant sales contract, but the non-party company did not comply therewith.
On June 3, 2013, the defendant notified the non-party company that the contract was cancelled due to the reasons attributable to the non-party company. At that time, the above notification reached the non-party company.
C. G and two other parties filed a lawsuit against the Defendant in full, and the Seoul Central District Court (2014Gahap581085) rendered a favorable judgment on August 25, 2015, and rendered a judgment on some other than G and two other parties. The Seoul High Court (2015Na2052679) rendered a judgment dismissing the appeal on April 27, 2016, and the said judgment was finalized on May 14, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 4 (including Serial number), the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff's assertion concluded the instant sales contract with the non-party company by the plaintiff's brokerage, and the defendant reversed the instant sales contract even after the down payment was made. Thus, the defendant paid 83,754,000 won (i.e., purchase price of KRW 8,460,000 x rate of KRW 9/1,000 x value added tax 110%) and damages for delay.