약정금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s counterclaim claims expanded in the trial of the first instance are dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 18, 2010, the Plaintiff, as a licensed real estate agent, completed the registration of establishment of the real estate brokerage office with the trade name called D Licensed Real Estate Agent C and 111, the Plaintiff, as a licensed real estate agent, and subsequently, transferred the real estate brokerage office to E/Dong 103, 201. < Amended by Presidential Decree No. 25789, Nov. 25, 2014>
F not only does the qualification of licensed real estate agent but also did not register the establishment of a brokerage office to the registration authority.
B. On October 13, 2014, the Plaintiff, along with F, arranged an exchange contract with the Plaintiff for the exchange of forest land outside G and one parcel, and the Daejeon-gu I and three parcels, Daejeon-gu, H Co., Ltd. (hereinafter “instant exchange contract”).
C. At the time of the instant exchange contract, the Defendant agreed to pay 30,000,000 won to the intermediaries as brokerage commission and consulting fees (hereinafter “instant agreement”). On the day of the instant contract, the Defendant paid 10,000,000 won to the Plaintiff and F as brokerage commission and consulting fees.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 through 11, Eul evidence 2 and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is obligated to pay to the plaintiff the remainder of KRW 20,000,000 with the exception of the remainder of KRW 10,000,000 already paid to the plaintiff pursuant to the agreement of this case, and the delay damages therefor.
B. The Defendant asserted that the instant exchange contract was not concluded due to the error in calculating the object of intermediation by the Plaintiff and F, but the Plaintiff and F, with the permission of the Plaintiff and F, paid KRW 7,000,000 on October 13, 2014, with the instant brokerage commission and consulting cost, and the Plaintiff paid KRW 10,000,000 on October 13, 2014, and the same month.
6. Since the sum of KRW 10,000,000 is paid to the Plaintiff as the sum of KRW 10,000,000, the amount to be paid to the Plaintiff as brokerage commission and consulting.