지불약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 16, 2004, C Co., Ltd. (hereinafter “C”) and Esti C Co., Ltd. (hereinafter “Esti C”) decided to purchase KRW 41,938.5 square meters of land for a factory in Bupyeong-gu Incheon (hereinafter “instant land”) from D Co., Ltd. (hereinafter “D”) at KRW 41,938.5 square meters of land for a factory in Bupyeong-gu, Incheon (hereinafter “instant land”), but decided to reduce the following sales amount to KRW 8 billion.
hereinafter referred to as "the first sale contract of this case"
B. C paid to D the total amount of KRW 30 million on September 16, 2004 and KRW 100 million on September 22, 2004, respectively, and remitted to the Plaintiff, who is the representative director of D the total amount of KRW 10 million on October 4, 2004, KRW 26.70 million on October 26, 2004, KRW 10 million on November 21, 2004, and KRW 100 million on November 10, 2004.
C. In order to not pay the down payment at all, D, upon notifying E.C. to cancel the said contract, D, around September 2005, notified C of the cancellation of the said contract, to sell at least KRW 4 billion of the instant land to C at KRW 200,000 among the instant land.
However, the contract deposit paid by C is the down payment of the instant sales contract, and the intermediate payment of KRW 1.6 billion was concluded within two months after the contract is concluded, and the remainder of KRW 2 billion was to be paid at the same time as the registration of ownership transfer is completed.
At the time of the conclusion of the instant sales contract, “The amount of money in the name A, the amount of KRW 100 million shall be paid to the payment date of intermediate payment out of the purchase price of KRW 2,000 for the 2,00 in Bupyeong-gu Incheon Metropolitan City E site. The payment certificate of “B, which was paid on January 2005,” below refers to the instant payment certificate
【No dispute over the basis of recognition, Gap evidence Nos. 1, 2, and 3, Eul evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was 8.8 billion won at the time of the initial sales contract, and the F, who arranged the said sales contract, shall be KRW 400 million, which is the brokerage commission.