약정금
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs by an appeal and incidental appeal.
1. The reasoning for the court’s explanation concerning this part of the basic facts is as stated in the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is written or added as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
The second judgment of the first instance court shall be governed by the Act on the Management of Public Institutions in the third place on the 1st day after the second judgment of the first instance.
The following shall be added to the 14th sentence above the 5th sentence of the first instance court:
(3) Where a sales contract is terminated, Eul shall not refund fees paid at the time of receipt of the contract bond.
Provided, That this shall not apply where the contract bond is returned by the cancellation of a sales contract by intention or negligence of the B.
The part stating “the first down payment around January 2, 2014” in the second sentence above the 8th judgment of the first instance court shall be read as “the second down payment around January 2, 2014,” and the part stating “the Plaintiff” in the same eight line shall be read as “the Defendant.”
2. Whether a claim for the payment of the primary fee arises;
A. In the instant consignment agreement, where the Defendant entrusted the sale of the pertinent assets to the Plaintiff, and thereafter, agreed to pay a half of the agreed commission to the Plaintiff at the time of conclusion of the sales contract. Even if the sales contract was rescinded, the first commission was agreed not to refund the sales contract, except in the case of returning the contract deposit received upon the rescission of the sales contract due to the Plaintiff’s cause attributable to the Plaintiff. The Defendant entered into the instant consignment agreement with Busan New Port Investment Co., Ltd. on November 28, 2013 where the sales procedure of the instant stocks was in progress with the Plaintiff on November 28, 2013, with the sales price of KRW 86,248,695,00.
If so, the instant consignment agreement.