약정금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statement No. 1.
The defendant operated the living information branch company with the trade name "D" in Busan Metropolitan City.
B. Around September 11, 2008, the Defendant transferred the said enterprise to another person as the broker of the Plaintiff (hereinafter “instant broker”) at KRW 3,000,000,000.
C. Accordingly, the Defendant paid KRW 300,000,000 among the Plaintiff’s contingent fees for the instant mediation, and agreed to pay KRW 200,000,000 until the same month’s 22, and the remainder of KRW 100,000 until October 27 of the same year (hereinafter “instant agreement”).
Then, the Defendant would pay to the Plaintiff KRW 200,000,000 out of the agreed amount under the instant agreement.
2. The allegations by the parties and the judgment thereof
A. The plaintiff asserts that according to the agreement of this case, the defendant is obligated to pay the remaining amount of KRW 100,000,000 to the plaintiff.
As to this, the defendant did not delegate the mediation of this case to the plaintiff, and the mediation of this case performed by the plaintiff is merely a mere introduction to the transferee of the business, and it is reasonable to reduce the agreed amount of KRW 300,000,000 as excessive in light of the principle of trust and good faith and the principle of equity to KRW 100,000,000. Thus, the defendant did not have any obligation to pay the agreed amount to the plaintiff any more, and rather, the defendant must return the agreed amount of KRW 100,000,000 out of the agreed amount
B. According to the statement in Gap evidence No. 1, the plaintiff can be acknowledged as having performed the brokerage of this case with the delegation from the defendant.
In addition, the agreement of this case is based on the agreement between the plaintiff and the defendant, so in principle, it shall be observed as it is. However, the reason why the agreed amount is delegated, and the mediation of this case.