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1. The primary Defendant B paid KRW 49,350,00 to the Plaintiff and 6% per annum from December 5, 2014 to January 12, 2018.
Reasons
1. Facts of recognition;
A. On November 2014, Defendant B attempted to sell a commercial building of Yangcheon-gu Seoul, E and 8th above ground (hereinafter “instant real estate”) owned by her husband D and her husband D in a divorce lawsuit.
At the time, Defendant B, while residing in Canada, delegated the right to a sales contract to F working for an attorney-at-law office, agreed to pay KRW 300 million when the instant real estate was sold in KRW 6.8 billion.
B. Around November 2014, F requested G, a licensed real estate agent, to sell its products. G, a licensed real estate agent, ordered H to sell its products in sequence to the Plaintiff, a licensed real estate agent, and H to the order.
The Plaintiff requested Defendant C, who is engaged in licensed real estate agent business in Dong-dong (Seoul Seodaemun-gu I), to find out the person to purchase the instant real estate, and Defendant C knew that the J had the intention to purchase the instant real estate around November 2014.
C. Upon contact with F, Defendant B returned to Korea on December 3, 2014, and Defendant B agreed that the seller and the buyer agreed to set the trading price at KRW 6.5 billion by mutual agreement.
Defendant B stated in the sales contract on December 4, 2014 as “ December 3, 2014,” but this appears to be a clerical error, and there is no dispute between the parties as to the fact that the date of conclusion of the sales contract is December 4, 2014.
J and the instant real estate were concluded with the following terms:
hereinafter referred to as "the sales contract of this case"
(2) Meanwhile, the sales contract of this case is written by the Plaintiff and the Defendant as a joint intermediary (the Plaintiff is the broker of the seller, the Defendant is the buyer), and the brokerage commission is set at KRW 6,4350,000 (the sales price = KRW 6.5 billion x 0.9% of the brokerage commission x 1.1% of the value-added tax). The sales price is set at KRW 6.5 billion (the contract amount is KRW 300,000 on the date of the contract, and the remainder of KRW 6.3 billion on December 4, 2014). At the same time, the sales commission is paid by both the seller and the buyer, respectively.
E. Defendant B.