beta
(영문) 대구지방법원 2020.02.21 2019가단133032

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground of claim

A. As to the land owned by the Defendants, the Plaintiff and the Defendants entered into an agreement with the Defendants that received fees of KRW 10 million per piece of land from the Defendants (hereinafter “instant agreement”) in return for mediating the Defendants to purchase the land (hereinafter “instant agreement”) and the Defendants to receive KRW 6 million per parcel of land (hereinafter “instant agreement”) in return for the conclusion of the sales agreement with the Defendants.

Accordingly, in around 2016, the Plaintiff arranged the Defendants for F as buyers with respect to forest land E in Ulsan-gun, Chungcheongnam-do, and Defendant B and F concluded a sales contract for the said land on December 26, 2016.

Therefore, the Defendants are jointly and severally liable to pay KRW 10 million to the Plaintiff according to the instant fee agreement.

The Defendants concluded a sales contract with the purchaser other than the purchaser arranged by the Plaintiff with respect to the G forest in Ulsan-gun, Ulsan-gun.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 6 million according to the instant fee agreement.

B. The Plaintiff, with the Defendants, arranged the Defendants to trade H through I, J through K, and L 418 square meters, and agreed to receive fees of KRW 1,672,00,000, which is 10% of the purchase price (hereinafter “instant 3 fee agreement”), and arranged the Defendants to purchase each of the above land.

Therefore, the Defendants are jointly and severally liable to pay KRW 16.72 million to the Plaintiff according to the agreement on the third fee of this case.

C. The Plaintiff agreed with the Defendants that the Plaintiff would be paid KRW 10 million in total with the figures’ food expenses, oil value, expenses, etc. in relation to the construction of the Gyeongjin-gun M through N,O, and the construction of the P Ground Building from the Defendants.

(hereinafter “instant No. 4 Agreement”). Accordingly, the Defendants are subject to the said Agreement.