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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 4,611,800 and its KRW 3,000,000 among them, the Defendant (Counterclaim Defendant) shall have on May 11, 2014.
Reasons
1. Basic facts
A. On August 19, 2013, the Defendant: (a) entered into a contract with the Defendant to carry out the sales of the apartment and the said apartment and to receive the sales commission from the Defendant on behalf of the company engaging in the real estate sales agency; and (b) the Plaintiff entered into such contract on behalf of the Korea Land Trust.
B. Around August 16, 2013, the Plaintiff entered into a contract with each of the above apartment units C to sell KRW 238,000,000 among the above apartment units at KRW 314 and around August 19, 2013. The Plaintiff’s sales commission to be paid by the Defendant is KRW 10,637,00, respectively.
C. The Plaintiff, with the Defendant, purchased 312 and 307 of the above apartment units directly by the Plaintiff, and agreed to receive the sales commission equivalent to 23,870,000 won, each of the 238,700,000 won paid by the Plaintiff, from the Defendant, and pay the down payment.
Around August 26, 2013, the Defendant asserted that the Plaintiff paid KRW 3,00,00,000, KRW 7,637,000 on August 27, 2013, KRW 10,637,00 on August 27, 2013, KRW 13,23,00 on the same day, KRW 13,000 on the same day, KRW 23,014,60 on September 2, 2013, KRW 6,881,10 on September 9, 2013, KRW 6,880 on the Plaintiff’s account, KRW 6,60 on the Defendant’s name, KRW 50 on the difference, and KRW 6,880,60 on the deposit of KRW 500 on the account of the Defendant’s name, and it is reasonable to view that the Defendant actually paid the difference as the actual transfer fee.
E. On August 30, 2013, the Plaintiff concluded each sales contract with respect to Nos. 312 among the above apartment units on or around September 2, 2013, and paid the down payment as to Nos. 312 and 307 with the sales commission received from the Defendant, while concluding each sales contract with respect to No. 307 around September 2, 2013.
F. The Plaintiff failed to pay the balance of the above 312 and 307, and the Korea Land Trust terminated the sales contract for the said 312 and 307 on the ground of the remainder payment on December 20, 2013.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 6, and Eul 1.