1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Basic Facts

G Co., Ltd. (hereinafter “G”) promoted an urban development project that supplies multi-family housing, commercial land, etc. (so-called “so-called “D urban development project”; hereinafter “instant project”) on the land of Pyeongtaek-si C 429,224 square meters from around 2005.

On May 2016, the Defendant acquired all business rights, including the right secured by G in relation to the land designated by Pyeongtaek-si as an urban development zone for the instant project (hereinafter “instant project site”).

[Based on the fact that there is no dispute, Gap evidence 29, witness E and F testimony of the first instance trial, and the purport of the entire pleadings, the defendant, which is the cause of the claim for judgment on the claim for damages arising from the nonperformance of the obligation of the entire pleadings, entered into a contract with the plaintiff on November 1, 2016 to purchase the instant project site, for which the plaintiff can enter into a sales contract with the owner of the instant project site so that the plaintiff can enter into the sales contract with the owner of the instant project site (hereinafter “instant service contract”).

As a result, the Plaintiff had the Defendant enter into a sales contract with the owners of 13 lots of land in the instant project site from November 1, 2016 to December 16, 2016. Accordingly, the service cost calculated under the instant service contract is KRW 350,136,91.

Meanwhile, according to the instant service contract, where the Defendant concludes a sales contract following the Plaintiff’s service performance, the Defendant shall immediately pay 50% of the relevant service cost to the Plaintiff.

Therefore, the Defendant paid the Plaintiff the service cost of KRW 175,068,495 (=350,136,991 + 50%).

However, in violation of this duty, the Defendant did not pay 50% of the service cost on the ground that the Plaintiff would have to purchase the entire site of the instant project, or that the instant service contract was not concluded.

The plaintiff is the defendant.