1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. Comprehensively taking account of the entries and the purport of the entire pleadings by Gap evidence No. 1, the defendant agreed to pay KRW 15,000,000 to the plaintiff on June 23, 2016 until August 31, 2016. The defendant may recognize that he/she paid KRW 3,00,000 to the plaintiff on September 12, 2016, and the defendant paid KRW 3,000,000 to the plaintiff on January 26, 2017.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 9,00,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 28, 2017 to the date of full payment, which is obvious as the day following the delivery date of a copy of the complaint of this case.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Plaintiff: (a) entrusted the Defendant with the sales agency of the officetels located in Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City, and (b) transferred the Defendant’s ownership of the above officetels D, E, and F (hereinafter collectively referred to as “each of the above officetels”) to pay sales agency fees.

Accordingly, the Defendant completed the registration of ownership transfer of each of the instant officetels, and appropriated the sales agency fee, transfer cost, etc. through the rental deposit acquired from the lease of the instant officetels.

After all, the Defendant again transferred the ownership of each of the instant officetels to the Plaintiff upon the Plaintiff’s request. The Plaintiff and the Defendant agreed to refund KRW 15,000,000 to the Plaintiff as the sales agency fee of KRW 15,000,000, and the Defendant paid the Plaintiff in connection with the payment in kind, namely, ① expenses for a certified judicial scrivener’s fee of KRW 2,90,000, ② brokerage commission of KRW 5,400,000, ③ acquisition tax of KRW 880,000, ④ acquisition tax of KRW 935,00,50, aggregate acquisition tax of KRW 770,00,00, and KRW 10,85,000,000, in total, shall be deducted from the above contract amount of KRW 9,000,000. Therefore, the above contract amount shall be terminated if the above contract amount is deducted from the above contract amount of KRW 9,00,000.

(b).