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1. The Defendant: (a) KRW 37,350,000 for the Plaintiff and KRW 6% per annum from March 4, 2015 to May 1, 2015.
Reasons
1. Basic facts
A. On March 3, 2015, the Defendant, as a broker of the Plaintiff, who is a licensed real estate agent, sold C the purchase price of KRW 4,150,000,000,000 to Nam-gu Incheon Metropolitan Government D (hereinafter “instant real estate”), and entered into a real estate sales contract with the payment of KRW 61,00,000,000 for an intermediate payment of KRW 99,000 on the day of the contract, and the intermediate payment of KRW 61,00,000,000,000 for the remainder payment of KRW 2,55,000,000 on April 9, 2015 (hereinafter “instant sales contract”). The Defendant agreed with the Plaintiff as intermediary fee of KRW 37,50,00,00,00 for the instant real estate sales contract as follows.
1. The payment of the purchase-price shall be made after deducting the total construction cost to be paid by Gap to the construction business operator when the payment of the purchase-price is made in installments of the down payment, the intermediate payment (payment by separate agreement), and the balance to Gap (Defendant).
2. To assume the obligation of the construction cost and take over the contract for the construction work of the Party A, which is not paid by the intermediate payment date, with the consent of the construction business operator, shall be exempted;
(2) A shall transfer a contract for construction works concluded with a construction business operator to B with the consent of the construction business operator.
3. A and B’s obligations (2) Authorization for establishment shall be liable for and authorized under the cooperation of A.
B. The instant real estate constitutes a kindergarten building and its site as prescribed by the Private School Act, and at the time of the instant sales contract, the Defendant continued to complete the construction after obtaining authorization for establishment of the kindergarten.
C. On March 19, 2015, the Defendant: “The thickness of the receiver does not pay the intermediate payment to the present day without any special reason. The principal has obtained the construction business operator’s consent to Article 2(2) of the said Special Agreement on Real Estate Sales and Contracts, but Article 2(1) of the said Special Agreement has not been implemented until now.”