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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The main office;
Reasons
1. The parties' assertion
A. On December 30, 2014, the introduction of the Defendant, who runs the real estate brokerage business, the Plaintiff acquired from D the status of the purchaser in the sales contract for the Daegu-gun Factory 105 Dong 2103 (hereinafter “instant sales contract”).
However, in the event of resale of the instant sales right, the Defendant continued to purchase the instant sales right from the Plaintiff. On August 24, 2015, the Defendant concluded a sales contract with the Plaintiff on September 30, 2015, with the amount of KRW 42 million (the contract amount of KRW 5 million shall be paid on the date of the contract, and the balance shall be paid on the date of the change in the name of the purchaser) and the time of change in the name of the purchaser.
However, the Defendant paid 5 million won of down payment on August 24, 2015 and 20490,000 won, which is part of the remainder on October 2, 2015, and did not pay the remainder on the Plaintiff’s demand. Therefore, the Plaintiff’s contract is rescinded on the ground of the Defendant’s default.
Since the Plaintiff’s failure to execute a sales contract and subsequently resells the sales right of this case upon receiving KRW 14.1 million from E, the Defendant is obligated to pay the Plaintiff the difference of KRW 28.79 million and interest for delay calculated at the rate of KRW 1,274,745 per annum from October 31, 2015 to June 8, 2016. Thus, if the Plaintiff deducts the amount of KRW 25.49 million to be returned to the Defendant due to termination of contract, the Defendant is obligated to pay the Plaintiff the difference of KRW 2,574,745 ( KRW 1,274,745,7450) and damages for delay.
B. The defendant did not purchase the sales right of this case from the plaintiff, but only requested brokerage.
Since the payment of KRW 5 million by the Defendant is one of the means for the Plaintiff to believe and wait for the Defendant, it is sent to the Defendant to independently intermediate the sale and purchase of the sale rights, and there is a place where the Plaintiff is urgently used.