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1. The Defendant’s KRW 35,443,00 for the Plaintiff and KRW 20% per annum from April 25, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. A. Around October 2009, the Plaintiff entered into a sales contract and rescinded an agreement (1) jointly with the Plaintiff on behalf of selling buildings in Songpa-gu Seoul Metropolitan Government B (hereinafter “instant building”) by being entrusted by the Plaintiff to sell buildings in lots (the fifth, tenth, above ground; hereinafter “instant building”).
(2) On May 8, 2009, the Defendant entered into a sales contract with EP on a set of KRW 327,286,00 with respect to the sales price of KRW 327,286,00 with respect to the first floor of the instant building No. 1-B582 square meters (hereinafter “instant store”), and registered the transfer of ownership on November 24, 2009.
(3) In order to attract C to the underground floor of the instant building, the Plaintiff and the Defendant concluded a sales contract on March 15, 2010 with D and the first floor of the instant building, including the instant store. The Plaintiff and the Defendant agreed to pay the Defendant KRW 354,430,00 as penalty, and the Defendant paid the Defendant KRW 354,430,00 as penalty, and the instant sales contract was cancelled (hereinafter “instant agreement”).
(4) At the time of the agreement of this case, the Plaintiff and the Defendant prepared a false service contract with respect to the payment of penalty, and took the form as if the Plaintiff paid the amount equivalent to the penalty to the Defendant as a service price, and accordingly, agreed to pay the amount equivalent to the value-added tax on the service price to be paid by the Defendant to the Defendant (hereinafter
B. Pursuant to the instant agreement, the Plaintiff and the Defendant drafted a false service contract document retroactively as of November 23, 2009, as if the Plaintiff placed an order to the Defendant for the “B building’s “large-scale discount service for the first floor” at the contract price of KRW 354,430,00 (excluding value-added tax), and on the basis of this, the Defendant entered into the contract document retroactively as of March 31, 2010.