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1. The Defendant (Counterclaim Plaintiff) paid KRW 45,430,00 to the Plaintiff (Counterclaim Defendant) for KRW 45,430,00 and its amount from March 16, 2016 to August 3, 2017.
Reasons
1. The Defendant’s judgment on the principal claim entered into a sales contract with the pertinent company on October 2, 2015 (hereinafter “instant sales contract”). The Defendant, upon entering into the said sales contract, agreed to pay KRW 45,430,000 to the Plaintiff who mediated the contract amount of KRW 590,000,000,000 to the Plaintiff on March 15, 2016, and the remainder amount of KRW 5.31 billion to the Plaintiff on March 15, 2016; the Defendant did not dispute between the parties or upon completing the registration of ownership transfer on each of the above lands on March 15, 2016, according to the purport of items A through C and the entire pleadings.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 4,5430,00 and the amount of money calculated by each annual rate of 15% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the date following the completion date of the payment of the purchase price to the plaintiff, to March 16, 2016, which is the day following the delivery date of the original copy of the payment order of this case, to August 3, 2017, as the plaintiff seeks from March 16, 2016 to the day following the delivery date of the original copy of the payment order of this case, unless there are special circumstances.
2. At the time of the conclusion of the instant sales contract, the Defendant alleged that the Plaintiff agreed not to receive a brokerage commission from the Defendant, but rather to pay KRW 12 million among the brokerage commission to the Defendant, and at the same time, sought payment of KRW 12 million as a counterclaim, and thus, the evidence submitted by the Defendant alone is insufficient to recognize the fact of the said agreement.
Therefore, the defendant's argument is without merit.
3. In conclusion, the plaintiff's claim on the principal lawsuit is justified, and the defendant's counterclaim is asserted.