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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On August 8, 2013, C completed registration of initial ownership in relation to D Building E (hereinafter “instant commercial buildings”) of Namyang-si, Namyang-si.
C has been in charge of the sales agency business of the commercial building of this case.
B. On February 3, 2014, the Defendant concluded, on behalf of C, a sales contract for the sales of the Plaintiff and the instant commercial building (i.e., the remainder of KRW 80,000,000,000 (i.e., value-added tax of KRW 924,000,000,000) (hereinafter “instant sales contract”).
The sales contract (Evidence A No. 2) prepared at the time of the conclusion of the instant sales contract stating that the outstanding payment date is indicated as February 12, 2014, and that “if the Plaintiff is unable to pay the intermediate payment and the remainder within the agreed period, the Plaintiff shall pay the late payment charge calculated on the basis of the number of days in arrears by applying the overdue rate of 15% per annum to the overdue amount.”
C. On November 1, 2018, C filed a lawsuit against the Plaintiff seeking payment of the amount of KRW 150 million payable to the Plaintiff and the amount of KRW 150 million payable to the Plaintiff at the rate of 15% per annum from February 13, 2014 to the date of full payment.
(hereinafter referred to as “related litigation”) d.
On April 22, 2019, when the relevant lawsuit was pending, the Plaintiff and C agreed by drafting a written agreement with the following contents:
(hereinafter “instant agreement”). The Plaintiff shall pay to C an amount calculated by deducting the amount paid (including KRW 50 million, Nov. 24, 2014, and KRW 30 million, Dec. 15, 2014) from the settlement amount of KRW 1120,420,00,000, which is the sum of the sales price of the instant commercial building and the amount of the surcharge ( KRW 1.54,2 million) and the amount of the surcharge ( KRW 70,000,000) and the amount of the surcharge (including KRW 50,000,000,000,000) by May 30, 2019.
C Upon receiving the above amount paid from the Plaintiff, the District Court 2018Gadan22060 decided to withdraw the lawsuit against the Plaintiff.
C and the plaintiff are all civil and criminal cases.