The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. The Plaintiff is a person who runs a licensed real estate agent business under the trade name called D Licensed Real Estate Agent Office in Gangnam-gu Seoul, and the Defendant is a person who operated a art education institute under the F of Building in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant private teaching institute”).

B. On April 21, 2017, the Defendant concluded a lease agreement between G and Gangnam-gu Seoul E Building Fho Lake (hereinafter “instant real estate”) with respect to deposit KRW 70 million, monthly rent KRW 3 million, and the period from April 15, 2017 to April 14, 2019 (hereinafter “instant lease agreement”).

C. On April 17, 2019, the Defendant entered into a right acquisition agreement with the new lessee of the instant real estate and the facilities of the instant private teaching institute as a broker (hereinafter “the instant premium agreement”) with the Plaintiff regarding the right acquisition of KRW 12 million premium (hereinafter “the instant premium agreement”).

The premium contract of this case states that it is (service remuneration: 0.9% of the transaction price).

On May 14, 2019, the Defendant paid KRW 108,000 to the Plaintiff as a brokerage commission.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, 3, and 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. After the Plaintiff’s assertion and the Defendant implicitly renewed the instant lease agreement, the Plaintiff and the Defendant agreed to pay on behalf of the Defendant a brokerage fee for the lessor’s lease agreement between the Plaintiff lessee and the new lessee, and to pay KRW 2 million as a brokerage fee for the instant premium agreement.

Therefore, pursuant to the above agreement, the Defendant shall pay to the Plaintiff a sum of KRW 1.85 million (=370 million x 0.5%) for the lessor’s brokerage commission (=370 million x 0.5%) and KRW 2 million for the instant premium contract.

B. The defendant's assertion is not obliged to pay brokerage commission for the lease contract between the lessor and the new lessee.

In addition, the defendant shall pay 108,000 won to the plaintiff as a brokerage fee for the premium contract of this case.