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(영문) 수원지방법원 2019.11.21 2019가단889
컨설팅 및 중개수수료
Text

1. The Defendant’s KRW 53,500,000 as well as the Plaintiff’s annual rate of KRW 6% from February 15, 2018 to November 21, 2019.

Reasons

Facts of recognition

On May 30, 2016, the Defendant concluded a contract to sell forest land owned by the Defendant to C (hereinafter “C”) for KRW 11.5 billion (hereinafter “instant sales contract”).

C Under the instant sales contract, upon the conclusion of the instant sales contract, paid each of the Defendant KRW 1.15 billion in total, including KRW 575 million for the first down payment on May 30, 2016 and KRW 575 million for the second down payment on December 14, 2016, but the remainder that was to be paid on June 14, 2017 was not paid KRW 10.35 billion for the remainder that was paid on June 14, 2017.

Defendant and C shall, at the request of C around September 2017, maintain the validity of the instant sales contract, and C is in the same month.

6. An agreement was concluded with the content that, on February 14, 2018, KRW 900 million out of the balance, KRW 250 million out of the balance, and the remainder KRW 9.2 billion out of the balance on February 30, 2018, and that, on the part of which the payment deadline is extended, delay damages shall be paid.

C In accordance with the above arrangement, upon September 6, 2017, paid to the Defendant KRW 1150 million in total, including KRW 90 million on September 6, 2017, KRW 14 billion on the same month, KRW 120 million on the 19th day of the same month, and KRW 30 million on the 28th day of the same month.

On February 28, 2018, the Defendant notified C that the sales contract will be terminated without any separate notice if it fails to pay any balance by March 16, 2018.

The Defendant paid KRW 50 million to the Plaintiff as the intermediary fee for the instant sales contract.

[Grounds] In light of the facts without a partial dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1, the overall purport of the pleadings, the facts of recognition as to the above facts, Gap evidence Nos. 9, 10 (including several documentary evidence), and the purport of the entire pleadings as to witness D’s testimony, it is reasonable to deem that the defendant agreed to pay the plaintiff the balance to the plaintiff 2% of the purchase price as the intermediary fee of the sales contract of this case, and that the above balance payment is the deadline. Thus, the defendant is reasonable to deem that the remaining brokerage fee of 180 million won and the remainder payment date of the remainder payment to the plaintiff, barring any special circumstances.

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