2. The costs of lawsuit shall be borne by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1, purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion argues that, although the Plaintiff, a licensed real estate agent, was entrusted with the brokerage of the instant sales contract by the Defendant and was actually engaged in the brokerage, the instant sales contract was not entered as an intermediary because it was before the Plaintiff closed down his/her brokerage office and started his/her business again on September 4, 2017, and thus, the instant sales contract was not entered as an intermediary. The Plaintiff, on March 8, 2018, re-established his/her brokerage office on and after March 12, 2018, received KRW 2.5 million from the buyer on March 12, 2018, which was the remainder payment date, but the Defendant only received KRW 40 million out of the brokerage commission, and thus, the remainder of KRW 37 million should be collected.

B. The Plaintiff’s assertion on the Plaintiff’s assertion is premised on the premise that the Defendant agreed to pay to the Plaintiff KRW 40 million for commission for the brokerage of the instant sales contract. In light of the following circumstances, the Plaintiff’s assertion on the Plaintiff’s assertion is insufficient to acknowledge the fact of the above agreement only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it, and thus, the Plaintiff’s assertion cannot be accepted.

① The terms and conditions of a special contract under subparagraph B(a) include that “the seller shall not pay the sales commission to D real estate, and the buyer shall pay the buyer 0.5% of the sales commission to A.,” and the Plaintiff also acknowledges that the buyer was paid 22.5 billion won (=4.5 billion won x 0.5%) from the buyer. As such, the final contract for the instant sales contract is a certificate No. 1 and the commission.