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1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 6% per annum from March 30, 2015 to December 12, 2018; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a licensed real estate agent who conducts real estate brokerage business and development consulting, and the defendant is a company under the Commercial Act which operates theater operation and incidental business, and is the owner of the D building, which is the 9th floor above the ground located in Osan-si and the 2nd underground floor above.
B. Around February 5, 2014, the Defendant entered into a contract for advisory services on the sale of D buildings, development, and comprehensive consultation on the sale and development of D buildings (Evidence No. 1) with the Plaintiff, while the Defendant was in a position in which 60% of D buildings was in a public room except for the fifth and nine floors operated by the Defendant as a film museum.
C. Meanwhile, the Plaintiff and the Defendant entered into a service contract (Evidence A3; hereinafter “instant contract”) on December 22, 2014 under the name of the Plaintiff and the Defendant. According to the instant contract, if the Plaintiff leases a building D, the service cost shall be paid at KRW 75 million for each floor of the contract, and the remaining 50% shall be paid at the time when the contract is concluded and the deposit is paid in full, and the payment shall be made within seven days from the date when the cause for the occurrence of the payment occurred.
However, these service costs, as a fashion brand for the first and second floors, are based on the aggregate of 300 million won, monthly 25 million won, and the deposit for the third floor, 100 million won, monthly 5%, monthly 5%, monthly 5%, monthly 5%, monthly 100 million, monthly 5%, and 10 million won, under the condition that miscellaneous or external brands meet the above criteria.
The Plaintiff, along with E and F with real estate development experience, endeavored to sell fashion brand G to 1 and 2th floor in order to revitalize the commercial buildings of D buildings, and the Defendant is “H et al. (hereinafter “H”) on December 29, 2014.
B Between D and H, the 1 and 2th floor of D building H.