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1. The Defendant (Counterclaim Plaintiff) paid KRW 203,50,602 to the Plaintiff (Counterclaim Defendant) and its related amount from February 1, 2019 to May 16, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 3, 2013, the Plaintiff purchased a factory building located on the ground from C, D, and E in Seocheon-si with KRW 869 square meters of land for a F 869 square meters of land for a G factory, and KRW 800 square meters of land for a G 800 square meters of land (f. 1,669 square meters in Bupyeong-si through a change and merger of land category; hereinafter “instant land”). On the same day, the Plaintiff purchased a factory building on the ground from H and C for KRW 4 million from the same day, and completed the registration of ownership on the said land and building on February 15, 2013.
B. On January 3, 2013, the Plaintiff purchased the instant land and a factory building on its ground, and entered into a consulting service contract with the Defendant, a company engaged in real estate consulting, sales agency, real estate brokerage, etc. on the instant land and the building to be newly constructed on its ground (hereinafter “instant building 1”).
(1) The Plaintiff and the Defendant concluded an oral contract with the aforementioned contents prior to the Plaintiff’s purchase of the instant land No. 1, and on January 3, 2013, the date on which the contract was prepared). The main contents are as follows.
Article 1 (Opening) 1: The scope of consulting services to be rendered by the Defendant shall be the scope of services to be rendered by the Defendant up to the conclusion of a lease agreement of the Lestop business type recognized by the Plaintiff on the whole of the buildings and the land to be newly constructed at the location of the said real estate.
Article 4 (Service Charges and Payment) When the plaintiff concludes a lease contract with a lessee, the plaintiff shall pay the service charges to the defendant.
The full payment shall be made at the time of the first intermediate payment out of the lease deposit for separate payment of value-added tax / The full payment shall be made at the time of the first intermediate payment.
C. On January 4, 2013, the Plaintiff leased the instant building No. 1, which is to be newly constructed on the instant land No. 1 and its ground to a limited liability company I, from the lease deposit of KRW 1.2 billion, monthly rent of KRW 38 billion, and the commencement date of the rent of KRW 20 billion ( March 16, 2014, which was newly constructed the building).