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(영문) 수원지방법원 2021.03.24 2020가합10643
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a person who works as a brokerage assistant at the “D Authorized Broker Office” located in Pyeongtaek-si C.

B. On December 6, 2017, E entered into a sales contract (hereinafter “instant sales contract”) with F Co., Ltd. (hereinafter “F”) for KRW 15,736 square meters of the G factory site in Suwon-gu, Suwon-si (hereinafter “instant land”) and buildings on its ground, and for KRW 37.7 billion. The buyer’s name was a stock company for which E is to be established in the future.

(c)

E and I drafted on February 5, 2018 a sales contract with a purchaser of the instant sales contract as E and I (each 1/2 equity interest).

(d)

E and I, on February 21, 2018, established the J (the trade name of September 16, 2019 was changed to the defendant). On March 15, 2018, E and I, as a co-representative of the J, drafted a trade agreement with the purchaser of the instant sales contract to J.

E. On December 19, 2018, J completed the registration of the transfer of ownership on the instant land on December 19, 2017 due to sale and purchase on December 6, 2017.

[Grounds for recognition] The Plaintiff agreed to receive KRW 330 million (including additional tax) from the seller F as the intermediary fee of the instant sales contract, and the Plaintiff’s assertion of the purport of the entire pleadings, as stated in the facts without dispute, Gap’s evidence Nos. 1 through 4, 7, and 11 (including each number number; hereinafter the same shall apply).

However, F is bound to use the full amount of the purchase price when it receives the payment due to a large amount of debt, and therefore, F was unable to pay brokerage fees to the Plaintiff.

Accordingly, the Plaintiff, F, and E, and I agreed to pay to the Plaintiff KRW 37.7 billion (including additional taxes) that the Plaintiff, F, and I shall pay to the Plaintiff instead of reducing the purchase price originally agreed to KRW 38.7 billion to the Plaintiff at KRW 37.7 billion.

After that, the defendant approved the sales contract of this case and acquired the status of buyer.

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