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1. The Defendant’s KRW 32,452,516 as well as 6% per annum from January 29, 2016 to June 22, 2017 to the Plaintiff.
Reasons
1. On June 19, 2015, the fact that the Defendant entered into a service contract with the non-party 1 (hereinafter “the instant service contract”) on the part of the district housing association C neighborhood living facilities (hereinafter “the instant commercial facilities,” and the individual heading rooms “stores”) on the part of the Plaintiff, which entered into a sales agency contract with the non-party 1 (hereinafter “SP”) on the part of the Plaintiff. On June 26, 2015, between the Plaintiff running real estate sales business and the Plaintiff, who entered into a sales contract with the Plaintiff on the part of the Plaintiff on the part of the Plaintiff’s business, to pay 2.7% of the sales price for the instant commercial facilities as the service cost (hereinafter “instant service contract”) may be acknowledged either as a dispute between the parties or as a whole by adding the entire purport of pleadings to the written evidence No. 3.
2. The parties' assertion
A. In concluding the instant service contract, the Defendant agreed to pay the Plaintiff the full amount of the service cost when the down payment equivalent to 10% of the sales price is deposited. The sales contract for the stores of 112, 115, 116, 202, 203, and 204 out of the instant commercial facilities was concluded due to the Plaintiff’s business activities, and the said buyers paid the down payment by September 21, 2015.
According to the instant service contract, as of September 21, 2015, the Defendant was obligated to pay the Plaintiff KRW 78,973,174 in total equivalent to 2.7% (or 1.4% for 116) of the sales price (including value-added tax, and the remaining stores excluded from value-added tax) of each of the above stores (or KRW 33,18,973,174 in total, but among them, the Defendant did not pay KRW 30,867,610 in total and KRW 610 on September 25, 2015, and only KRW 14,920,580 on November 13, 2015, and paid KRW 33,184,984 in total.
Therefore, the Defendant is obligated to pay the Plaintiff the service cost of KRW 33,184,984 and the delay damages therefor.
B. As to the sales contract for the remaining stores excluding subparagraph 115 among the Plaintiff’s respective stores asserted by the Defendant, the obligation to pay the service cost is not disputed, but is set forth in 115.