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1. The defendant shall pay to the plaintiff KRW 55,125,00 and KRW 45,000 among them, from December 25, 2014, and KRW 10,125 among them.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of real estate sales agency business, etc., and the Defendant is an executor of the 3th main complex officetel C with the 538th floor above the 19th floor above the 4th floor above the 19th floor above the ground in the 19th floor where it was established for the purpose of real estate sales business (hereinafter “instant building”).
B. On August 20, 2013, the Defendant: (a) entrusted the Plaintiff with the sale of the instant building on behalf of the Plaintiff; and (b) concluded a contract with the Plaintiff to pay to the Plaintiff the remainder after deducting the amount of KRW 61 million from value-added tax from the deposit price per household for the sales contract part among officetels for sales in lots; and (c) concluded a contract with the Plaintiff to pay to the Plaintiff the balance excluding the fees already paid within 10 days from the completion of the deposit of down payment; and (d) concluded the contract to pay the down payment excluding the fees already paid within 10 days from the first installment payment (hereinafter “instant contract”).
C. Article 4 of the instant contract provides for the following:
(3) Within five months from the date of commencement (the date of approval for parcelling-out) of the object of parcelling-out (the building in this case) of “B (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply)” (the date of approval for parcelling-out), the completion of parcelling-out shall be 50%, 75% within 12 months, and 100% from the date of completion, and where it is determined that the object of parcelling-out (the building in this case) of “B (the building in this case shall be the completion of parcelling-out), and the completion of parcelling-out shall be 10% from the date of completion
④ For the reasons stated in the preceding paragraph, the security deposit for the model house of this case, which was put into Eul, shall not be refunded until the completion of sale is 100% of the subject matter of sale. The goods or devices put into the model house of this case, such as the interior of the unit additionally selected, shall be shared and used, and shall be owned by B, and the number or movement of the subject matter of sale shall be impossible until the completion of sale is completed.
(7) This shall be applicable.