The defendant shall pay to the plaintiff KRW 6 million and KRW 3 million among them.

A. On November 2, 2014, the Plaintiff entered into a provisional contract with the Defendant on the introduction of the office of real estate brokers (hereinafter “D real estate”) located in the Nam-gu, South-gu Office of Port, with the content that the real estate sales contract for the purchase of E apartment 201 Dong 1304 (hereinafter “instant apartment”) owned by the Defendant for KRW 37 million was concluded on November 7, 2014 (hereinafter “instant provisional contract”), and transferred the provisional contract amount of KRW 3 million to the Defendant’s account on the same day.

B. At the time of the instant provisional contract, the Plaintiff and the Defendant agreed to pay KRW 3 million equivalent to the provisional contract amount due to the penalty for nonperformance.

C. On November 7, 2014, as stipulated in the instant provisional contract, the Plaintiff and the Defendant did not conclude a sales contract for the instant apartment.

On November 5, 2014, the Defendant entered into a provisional contract with F on the sale of the instant apartment, and received KRW 3 million in the provisional contract amount, and thereafter entered into a sales contract with F on November 13, 2014, setting the price of the instant apartment as KRW 37 million with F on the instant apartment.

E. On November 25, 2014, the Plaintiff demanded the Defendant to return the provisional contract amount of KRW 3 million through a content-certified mail, but the Defendant did not comply therewith.

F. The Defendant paid any balance under the above sales contract on December 19, 2014, and subsequently completed the registration of ownership transfer for the instant apartment to F.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was cancelled due to the reasons attributable to the defendant who rejected the conclusion of the sales contract for the apartment of this case without making double contracts with F, and thus, the defendant is liable to pay the plaintiff the sum of the provisional contract and the penalty and the damages for delay.

B. The Defendant’s assertion that the Plaintiff remains remaining until December 19, 2014 under the initial agreement after the instant provisional contract was concluded.