1. The Plaintiff (Counterclaim Defendant) paid KRW 10,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 29, 2016 to December 23, 2016.

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in the real estate development and supply business with the trade name B, and the Defendant is a company that is engaged in the sales agency business.

B. 1) The Defendant’s conclusion and termination of the sales agency contract is between the Plaintiff and the Defendant, and the Defendant’s instant commercial building (hereinafter “instant commercial building”).

(2) The sales agency contract of this case (hereinafter referred to as the “instant sales agency contract”) under which the sales agency contract of this case and the sales agency fee is paid by the Plaintiff.

(2) On April 29, 2015, the Plaintiff and the Defendant concluded a written termination on April 29, 2015, stating that “The Defendant delivered all documents related to the sale to the Plaintiff, and the Plaintiff confirmed that the sales agency fee and the intermediate payment are paid by settling accounts by case (3% at the time of the payment of the contract deposit and 4% at the time of the deposit of the first intermediate payment)” and agreed to terminate the sales agency contract of this case.

(3) On April 29, 2015, the Plaintiff remitted the sales agency fee of KRW 35,438,00 to the Defendant’s account. On April 29, 2015, the Defendant paid KRW 172,665,00 in total to the Defendant by offsetting the down payment of KRW 137,227,00 to the Plaintiff as the buyer of the four units of the instant commercial building by the means of offsetting the sales agency fee of KRW 172,665,00 (i.e., remittance amount of KRW 35,438,227,000 (i.e., offset amount of KRW 137,227,00). 【No dispute is established”

each entry, the purport of the whole pleading

2. Determination on the main claim

A. The plaintiff's assertion should have carried out a contract with the buyer as a sales agent with the sale price stated in the sale slip. However, at his own discretion, the plaintiff concluded a sale contract at a discounted price and incurred a total of 2.4.5 billion won damages. Accordingly, the defendant paid to the plaintiff the amount of KRW 12.2.8 million (=20 million x 0.5 billion x 0.5 billion x 0.5) which is 50 million (=2.5 billion).