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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Company is the executor of the project that newly constructs multi-family housing, etc. (hereinafter “instant project”) in Gangdong-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Group C (hereinafter “instant project site”).
In order to purchase the real estate listed in the separate sheet owned by D and E (hereinafter “instant real estate”), the Plaintiff Company purchased the said real estate in the amount of KRW 4.3 billion on November 6, 2015, and the down payment amount is paid at KRW 700 million on the date of a sales contract, and the remainder is paid at KRW 3.6 billion on May 3, 2016 (hereinafter “the first sales contract”). However, the Plaintiff Company failed to pay the remainder on the payment date of the remainder.
B. The Plaintiff shall additionally pay KRW 200 million in addition to the purchase price. On May 4, 2016, the Plaintiff purchased the instant real estate in the purchase price of KRW 4.3 billion (contract deposit of KRW 700 million, the remainder of KRW 3.6 billion). However, the Plaintiff agreed to substitute the payment of the down payment received at the time of the first sales contract in lieu of the down payment, and to pay the remainder of KRW 3.6 billion on June 30, 2016 (hereinafter “the second sales contract”), but did not pay any balance on the payment date of the remainder.
C. On October 28, 2016, the Plaintiff entered into a contract with D and E to purchase the instant real estate by raising the purchase price of KRW 4.8 billion (hereinafter “third sale contract”). At the request of D and E, D and E agreed to pay KRW 900 million to the Defendant Company in the form of a consulting fee by concluding a consulting agreement with the Defendant Company with which D and E are the representative director, separate from the above purchase price.
Accordingly, the Plaintiff Company and the Defendant Company indicated the above special agreement as “trade consulting agreement as of October 15, 2015,” and the evidence No. 4 (Real Estate Purchase Consulting Agreement) also stated as the date of conclusion, “ October 15, 2015,” but the real estate purchase consulting agreement attached to evidence No. 11-1 (Certificate No. 11) is amended as of October 15, 2016.