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1. The Plaintiff (Counterclaim Defendant) paid KRW 35,103,970 to the Defendant (Counterclaim Plaintiff) Construction Co., Ltd. and the amount of said KRW 35,103,970.
Reasons
1. Basic facts
A. On July 31, 2014, Defendant U.S. Construction: 26 households located in Defendant U.S. and Busan Shipping Daegu (the ownership of Defendant U.S. Construction; hereinafter referred to as “instant real estate”).
) As to the purchase-type sales agency contract (hereinafter “the purchase-type sales agency contract”) entered into the sales agency contract of this case, and Defendant S.K paid KRW 250 million to Defendant U.S. Construction as contract deposit on the same day.
B. When Defendant SK failed to perform its obligation to pay the amount under the instant sales agency agreement, on September 18, 2014, Defendant U.S.: (a) drafted a letter of commitment to the effect that “Defendant U.S. case will complete the full payment of the purchase price and the registration of transfer for all the said 26 households until October 5, 2014; and (b) Defendant U.S. case will terminate the sales agency contract of this case without a peremptory notice if it is impossible to perform the said obligation; and (c) Defendant U.S. Construction consented thereto.
After that, when Defendant SK was unable to comply with the extended payment period, Defendant U.S. sent to Defendant S.K a content-certified mail to the effect that “the instant sales agency contract was terminated due to the nonperformance of the contract by Defendant S.K.” on December 1, 2014.
C. On the other hand, on October 22, 2014, the Plaintiff concluded a sales contract under the instant sales agency agreement with Defendant E.K as well as for sampling 1601 on the instant real estate (hereinafter “instant sales contract”). As to the instant real estate, the Plaintiff: (a) concluded a sales contract with the seller as “Defendant E.K and the purchaser D (Ahhhhh of the Plaintiff); (b) KRW 575 million (the contractual amount of KRW 55 million; the remainder of KRW 520 million); and (c) paid the down payment of KRW 55 million to Defendant E.K on the same day; and (d) paid the down payment of KRW 55 million to Defendant E.K on November 2016 upon delivery of the instant real estate to Defendant E.K on July 3, 2016.