1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 30, 2018, the Defendant concluded a lease agreement between C and Ulsan-gu D Building 1 floor (hereinafter “instant store”) with respect to the lease deposit amounting to KRW 20 million, monthly rent of KRW 3.5 million, and the lease period from May 25, 2018 to May 24, 2020 (hereinafter “instant lease agreement”).

B. When calculating the brokerage commission due to the above brokerage act in accordance with the relevant Acts and subordinate statutes, 3,663,00 won [including the amount of KRW 350 million per month (=3.5 million per month x 100), x statutory fee rate of KRW 9/100, and value added tax];

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a brokerage commission of KRW 3,663,00 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 20, 2018 to the day of full payment, which is obvious that it is the day following the delivery of a duplicate of the complaint of this case.

3. Determination as to the defendant's assertion

A. The summary of the Defendant’s assertion 1) Since the instant lease contract arranged by the Plaintiff was terminated, the Defendant did not have a duty to pay brokerage fees to the Plaintiff. 2) The Defendant leased the instant store for the purpose of operating coffee specialty, and the Plaintiff did not provide a prior explanation to the Defendant, and did not visit the site with the Defendant that started.

3) Even if the Defendant is liable to pay a brokerage commission, the Plaintiff’s claim calculated on the basis of the above rate is not acceptable, since there was no agreement between the Defendant and the original Defendant to agree to pay a brokerage commission fee at 0.9%. B. Determination 1) On the first argument of the Defendant, based on the foregoing evidence, Article 8 of the rental agreement agreement entered into by the Defendant under the Plaintiff’s brokerage is “the practicing licensed real estate agent”.