A. The Plaintiff is a real estate intermediary corporation for the purpose of real estate brokerage business, and the Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a corporation that operates the Dawak cafeteria from the 12th floor of the Suwon-si C building, and the Defendant B was a inside director of the Defendant Co., Ltd. (Resignation on November 2, 2015).

B. On September 27, 2015, the Plaintiff mediated a contract under which the Defendant Company leased the lease deposit of KRW 80 million from E, KRW 31 million per month of rent, and transferred the right to lease to F for premium of KRW 800 million (hereinafter “the instant lease transfer contract”).

C. In mediating the above lease transfer contract, the Plaintiff agreed that the real estate brokerage fee between the Defendant company and the real estate brokerage fee was 0.9% of the lease deposit [the monthly rent x 100] 0.9% of the lease deposit (the monthly rent x 100], and the brokerage fee for the facilities and the goodwill premium was 3% of the premium (hereinafter referred to as the instant brokerage contract).

Until November 2, 2015, F paid the Defendant Company KRW 800,000 and KRW 800,000 for the lease deposit and the premium in accordance with the instant lease transfer contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. According to the above facts of recognition, the defendant company is obligated to pay 35,100,000 won for real estate brokerage fees agreed in accordance with the instant brokerage contract (=(3,100,000 won) x 0.9% x 0.9% x brokerage fees for facilities and business premium (=8,000,000,000 won x 3%) 59,10,000 won for total amount of 59,10,000 won for business premium and delay damages.

B. The Defendant Company’s assertion and determination of the Defendant Company concluded the instant brokerage contract on the condition that it will receive KRW 1.1 billion premium when requesting brokerage of the right to lease transfer contract from the Plaintiff. Unlike the original promise, the instant right to lease was transferred to F in the amount of KRW 800 million premium.