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(영문) 의정부지방법원 2015.01.15 2014가합50972
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 202,00,000 as well as 20% per annum from April 10, 2014 to the date of full payment.

Reasons

Basic Facts

On September 1, 200, the Defendant sold 293,950,000,000 won (hereinafter “the sales contract in this case”) prior to Namyang-si Co., Ltd. (hereinafter “Tyan”) (hereinafter “the purchase price was reduced to KRW 12.539,50,000,000) (hereinafter “the sales contract in this case”), and on March 31, 2003, the registration of ownership transfer was completed in the future of Namyang-si with respect to the instant land.

D As above, the Defendant served as a representative of the Defendant at the time of selling the land of this case to a sampling, and the Plaintiff, upon delegation from D, purchased the land for access roads owned by another person near the land of this case and provided services to mediate the sales contract of this case between the Defendant and the sampling.

D promised to pay KRW 300,000 to the Plaintiff as a brokerage commission if the sale and purchase of the instant land was sexually formed.

D around 200, as it is necessary for the Plaintiff to receive brokerage commission, the loan amount is KRW 100 million, KRW 200 million, and KRW 300 million, and the loan amount is issued by the Plaintiff three copies of the loan amount as above.

D, however, around September 2001, paid only KRW 48 million to the Plaintiff, and only two copies of the loan except for KRW 100 million were returned to the Plaintiff.

On the other hand, on July 7, 2011, the Defendant filed a lawsuit with the Seoul Central District Court to the effect that D will pay KRW 300 million to the Plaintiff as brokerage commission during the process of concluding the instant sales contract, the Defendant paid KRW 600 million as brokerage commission. In fact, the Defendant paid only KRW 48 million to the Plaintiff, and thus, the remainder KRW 52 million as compensation for damages.

(hereinafter “Damages”) A. D died on March 9, 2012 during the said lawsuit, and the Defendant against D’s inheritor at the Seoul Central District Court on July 12, 2012.

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