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(영문) 서울중앙지방법원 2020.01.15 2019가단5154110
기타(금전)
Text

1. The Plaintiff (Counter-Defendant) paid KRW 17,530,000 to the Defendant-Counterclaim Plaintiff and the Plaintiff’s counterclaim from October 23, 2019 to January 15, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the real estate brokerage business and consulting business, and the Defendant, as the owner of the Suwon-gu Kum-gu C large 619 square meters and the ground building (hereinafter “instant real estate”), operated D hotel at a place.

B. On December 27, 2017, the Defendant concluded a sales contract consisting of KRW 5,300,000,000 (hereinafter “instant sales contract”) with E and F (Agent G) on the instant real estate as a broker of the Plaintiff.

The sales contract of this case states that the brokerage remuneration shall be 0.9% of the transaction price, and the confirmation description of the object of brokerage shall include 52,470,000 won (=5,300,000,000 x 0.9% value-added tax) as the brokerage remuneration.

C. According to the instant sales contract, the buyer paid the down payment of KRW 200,000,000 at the time of the contract, and the intermediate payment of KRW 600,000,000 on the part of the intermediate payment of KRW 600,000 is replaced by the creation of a collateral security right on the G-owned and two parcels, which is the buyer’s agent, and the intermediate payment is paid through the sale and purchase of the said IMoMoel, and the intermediate payment is paid at the rate of KRW 4.5% per annum.

On January 31, 2018, the remaining payment date of the instant sales contract, the Defendant: (a) drafted a real estate brokerage commission agreement with the Plaintiff’s representative on January 31, 2018, stating that “D hotel brokerage commission of KRW 100 million shall be paid on the same day; and (b) shall be reimbursed for KRW 600 million upon the termination of the remainder of the Kel charter; and (c) shall be reimbursed for the remainder of KRW 30 million upon the repayment; and (d) attached at the bottom of the said J, the said J stated that “if the reduction or exemption of capital gains tax on consulting services among the tax items is known, the remaining KRW 30 million shall not be waived.”

Accordingly, the defendant paid 70,000,000 won to the plaintiff.

E. Meanwhile, the Plaintiff and the Defendant retroactive to December 27, 2017, which was the date of the instant sales contract, on February 2, 2018.

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