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1. The Defendant shall pay to the Plaintiff KRW 44,624,664 and the interest rate of KRW 15% per annum from July 11, 2018 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. (1) The facts of recognition (1) around October 2016, the Defendant entered into a sales agency contract with C to pay 8% (2% in the case of a lease) of the sales price to the Defendant as a sales agency in the event that the sales contract becomes final and conclusive by the Defendant’s agent for the building D main complex in Young-gu, Suwon-si (hereinafter “instant building”), and the Plaintiff entered into a sales agency contract with the Defendant to pay 5% (1.2% in the case of a lease) of the sales price to the Plaintiff as a sales agency (hereinafter “instant service contract”). On December 2016, the Plaintiff entered into a sales agency contract with the Defendant to pay the Plaintiff the sales price to the Plaintiff as a sales agency for the instant building (hereinafter “instant service contract”).
(2) On June 30, 2017, the Plaintiff concluded a lease contract for the entire fourth floor of the instant building (hereinafter “instant lease contract”) pursuant to the instant service contract, and concluded a sales contract for the instant building E and F on August 3, 2017 (hereinafter “instant sales contract”).
(3) The sales agency fee under the instant lease agreement is KRW 20,592,00 (including value-added tax). The sales agency fee under the instant sales contract is KRW 48,665,325 (including value-added tax). The Plaintiff is 68,657,325 won (=20,592,00 won 48,065,325 won), out of the Defendant’s sales agency fee of KRW 19,68,63 won, and 440,61 won on June 13, 2018; and KRW 24,032,61 won on May 25, 2018; and the remaining balance is 4,624,64 won upon receiving the sales agency fee from the Defendant.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, 7, 8, 10, 11, 13, and 15, the purport of the whole pleadings and arguments
B. (1) According to the above facts of recognition, the defendant delivered the original copy of the instant payment order to the defendant, as requested by the plaintiff, as to the balance of the sales agency fee under the instant service contract and the amount of KRW 44,624,64.