On October 21, 2015, the Plaintiff, a licensed real estate agent, arranged a lease agreement (hereinafter “instant lease agreement”) with the Defendant, from the Geum River Comprehensive Construction Co., Ltd. (hereinafter “ Geum River Comprehensive Construction”), under which the term of lease for the lease of land and buildings on land and ground (hereinafter “instant real estate”) in the Geum River Dogg-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si from January 30, 2016 to January 29, 2018, the lease deposit is KRW 100,000,000, monthly rent is set as KRW 17,000 (hereinafter “instant lease”).

The Plaintiff, the Defendant, and the Geum River Construction Co., Ltd., at the time of the instant lease agreement, drafted a description of confirmation of the object of brokerage, stating “16,200,000 won (Additional Tax)” as at the time of the instant lease agreement.

At the time of the conclusion of the instant lease agreement, the Defendant paid the down payment of KRW 30,000,000 as part of the lease deposit under the instant lease agreement, and on April 5, 2016, the Defendant returned the said KRW 30,000,000 to the Defendant on April 5, 2016.

[Ground of recognition] The plaintiff asserts that the plaintiff has a duty to pay to the plaintiff the amount of KRW 17,820,00 (=16,200,000 x 1.1) of the contract brokerage commission concerning the lease agreement in this case, as to the non-contentious facts, Gap's evidence Nos. 1 and 2, and the ground of claim for determination of the purport of the whole pleadings.

The legal relations between a real estate broker and a client are the same as a delegation relationship under the Civil Act. In principle, in the event that an agreement on the amount of remuneration is made under a delegation contract, a mandatory may claim in principle the amount of remuneration in full. However, in consideration of the circumstances of delegation, the process and difficulty of delegation, the degree of effort made by a delegating, specific benefits that the delegating person gains in the course of performing his/her duties, and all other circumstances revealed in the pleadings, the amount of remuneration within the reasonable scope exceptionally recognized shall be limited to the amount of remuneration if there are special circumstances to deem that the amount of remuneration unfairly excessive is contrary