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(영문) 대구지방법원서부지원 2017.10.26 2016가단50355 (1)
약정금
Text

1. The Defendant’s KRW 57,520,00 for the Plaintiff and 5% per annum from January 23, 2016 to October 26, 2017.

Reasons

1. Basic facts

A. The Defendant owned land, including 7,805 square meters, prior to Yongcheon-si, C (hereinafter “instant land”), and planned to construct each of the following factories, which purchased and divided the instant land from the Defendant and divided it.

B. The Plaintiff agreed to act as an agent for the Defendant to act as a broker for the purchase and sale of land between the Defendant and the buyer and to receive KRW 10,000 won per ordinary day and KRW 20,000 from the buyer on the pretext of agency expenses.

C. On February 1, 2013, the Plaintiff’s sales contract (Evidence A No. 1) was prepared on February 1, 2013 between the Defendant and the buyer, stating that “the purchaser shall bear all expenses incurred in starting a business except for the amount of KRW 200,000 of the arm’s length purchase price and the cost of civil engineering design,” and thereafter, the sales contract (Evidence A No. 2, No. 2,30,000 of the arm’s length price between the Defendant and the buyer was included in the sales contract (Evidence A-2, No. 2, No. 230,000 of the arm’s length price) on January 28, 2013; and (3) the Defendant and the buyer shall pay the Plaintiff KRW 30,000,000 of the arm’s length price to the Plaintiff.”

After that, the land in this case was finally purchased 1,019 square meters, 1,109 square meters, 1,109 square meters, and 1,109 square meters.

E. The Plaintiff performed duties, such as approval and permission of factory sites, cadastral surveys, subdivisions, civil engineering works, and completion of construction regarding the instant land, and during that process, on March 2013.

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