The defendant shall pay to the plaintiff 31,950,270 won with 12% per annum from December 24, 2019 to the day of complete payment.

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1, 2, 3, and 6, the plaintiff is a licensed real estate agent operating real estate brokerage business, and the plaintiff was requested by the defendant to seek lessee for eight-story accommodation facilities located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter "the real estate of this case"), and the plaintiff's brokerage entered into a lease contract on the real estate of this case (hereinafter "the lease contract of this case") with the defendant, D, and E on December 8, 2017. The contract of this case was concluded at the time of the conclusion of the lease contract of this case, and the plaintiff and the defendant agreed to pay 31,950,270 won as brokerage commission for the lease of this case (including value-added tax).

According to the above facts, the defendant is obligated to pay to the plaintiff the above brokerage commission 31,950,270 won and damages for delay at the rate of 12% per annum from December 24, 2019 to the day of full payment, which is the day following the delivery of the original copy of the payment order of this case.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion is the mother of E among lessees of the instant lease agreement.

At the time of the instant lease agreement, it was anticipated that the cost of restitution will be considerably incurred if the instant lease agreement is terminated.

For this reason, the Plaintiff proposed to the Defendant that “It would be more than the brokerage commission to be paid for the restoration of the original state, so it would be clear that the provision would be deleted and exempted from the brokerage commission.” In response, the Plaintiff agreed to exempt the Defendant from the brokerage commission instead of specifying the lessee’s duty to restore at the time of the instant lease agreement.

B. The following circumstances revealed in full view of the description of No. 2-1 of the evidence No. 2 and the purport of the entire pleadings, i.e., the lessee at the time of termination of the instant lease agreement.