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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant: (a) performed the sales agency business of the FN stores in Gangseo-gu Seoul Metropolitan Government D and E, which was implemented by C Co., Ltd. (hereinafter “C”); and (b) the Plaintiff formed a team with G, H, and I, and arranged the sales contract with the customer for the sales promotion of the above commercial building.
The Plaintiff concluded a sales contract with C, paid down payment in full, and completed an intermediate payment loan, and 1.25% of the sales price is to be paid as a sales agency fee, but 50% of the sales price is to be paid when the customer completely pays down the down payment to the execution agency account, and 50% of the remainder when the bank completes the contract for the part payment loan.
B. On December 29, 2015, J concluded the instant sales contract with C to sell the said shopping mall at KRW 1,383,100,000 (hereinafter “instant sales contract”) due to the Plaintiff’s brokerage (hereinafter “instant sales contract”).
C. On January 18, 2016, the date of withdrawal from the Defendant Company, the Plaintiff prepared and issued to J a letter of commitment to resale marginal profits in compliance with the J’s request to allow the Plaintiff to understand the denial of J. (i.e., the date of withdrawal from the Defendant Company.)
However, after paying KRW 10,00,000, out of the down payment for the instant sales contract to C, the J notified the intention of rescission of the instant sales contract to the effect that “it is difficult to obtain gains from resale on the instant commercial building” on January 20, 2016, and on March 8, 2016, it is impossible to obtain gains from resale due to the conclusion of the instant sales contract under the conditions of the pre-sale contract, and thus, it was impossible to obtain gains from resale due to the rejection of resale.”
J withdrawn its intention of rescission and maintained the sales contract of this case.
The J shall pay C the remainder of the down payment and March 2016.