약정금
1. The Plaintiff (Counterclaim Defendant) paid KRW 30,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from January 26, 2018 to July 10, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. C and D delegated the Defendant, who was an auditor of Co., Ltd., running by C, with the sale of F 17,782 square meters of land for a factory in Jinjin-si, and 3,725.07 square meters of land for a factory in this case (hereinafter “instant factory real estate”), the aforementioned G forest land 1,881 square meters, and 1,470 square meters of land for a 1,470 square meters before H.
B. The Plaintiff demanded the Defendant to arrange for selling the instant factory real estate and the instant G land and the instant H land in KRW 4.5 billion, which demands the Defendant to sell KRW 350 million.
C. On October 25, 2013, the Plaintiff’s brokerage, between C, D, I, and J, concluded a sales contract for the total amount of KRW 4.5 billion on the instant factory real estate, G land, and H land.
On the date of the conclusion of the above sales contract, the Plaintiff and C prepared an agreement (Evidence A 1) stating that C will pay KRW 350 million to K Co., Ltd. operated by the Plaintiff when the balance of the sales contract for the instant factory real estate is paid to the Plaintiff, not a licensed real estate agent, for the purpose of paying brokerage fees.
C paid KRW 38.5 million to the Plaintiff on the same day.
However, I and J did not pay the balance under the above sales contract properly, and C and D showed that they terminated the sales contract on March 2014 on the grounds that the balance is unpaid.
E. On April 18, 2016 between C, D, I, and L, the sales contract for the instant factory real estate and the instant G land and the instant H land was concluded again for a total of 4.2 billion won. The I completed the registration of ownership transfer on the instant factory real estate on December 8, 2016.
F. On December 1, 2016, the Plaintiff requested C and the Defendant to pay money in accordance with the terms and conditions of the contract, knowing that the ownership transfer registration was completed with respect to the instant factory real estate, and requested C to hold an interview.
G. On December 24, 2016, the Plaintiff and the Defendant drafted a written agreement (Evidence A2, hereinafter “instant agreement”) and its main text.