A. The Plaintiff is a person who runs real estate brokerage business under the trade name of “C”.

B. On January 9, 2016, the Defendant, under the Plaintiff’s brokerage, concluded a sales contract with D to purchase Kimpo-si building and 106 (hereinafter “instant real estate”) from D for KRW 750,00,000 (hereinafter “instant sales contract”). On March 31, 2016, the Defendant completed the registration of ownership transfer for the instant real estate in the name of the Defendant.

C. Article 7 of the instant sales contract provides, “The real estate practicing licensed real estate agent is not liable for the seller’s or buyer’s nonperformance of this contract. The brokerage remuneration shall be paid by both parties to this contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence by the practicing licensed real estate agent. In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who requested the brokerage.”

Matters concerning the brokerage remuneration, etc. of the description of confirmation of the object of the instant sales contract shall be stated as follows: “The brokerage remuneration of KRW 7,425,00 (including surtax), details of calculation, 750,000,000 x 0.9%.”

E. The signature and seal of the Plaintiff, Defendant, and D is affixed to the lower part of the instant sales contract and the description verifying the object of the said brokerage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. At the time of the conclusion of the instant sales contract by the Plaintiff, the Defendant agreed to pay the amount equivalent to 0.9% of the purchase price as a brokerage commission. Therefore, the Defendant is obligated to pay the Plaintiff KRW 7,425,00 in accordance with the above brokerage rate.

B. It is unreasonable to claim a brokerage commission on the premise of 0.9%, which is the maximum rate, even though there was no consultation between the plaintiff and the defendant on the brokerage commission.

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