1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who operates the D Licensed Real Estate Agent Office located in Daegu Suwon-gu C 14-8, and the Defendant is a person who leased from E on September 12, 2014, the 1-13 Dong 13 and 6 of the same shopping mall (hereinafter “instant shopping mall”) and operates a restaurant.

B. On February 11, 2015, the Defendant requested the Plaintiff to mediate the lease contract and premium contract by expressing that “Before the expiration of the lease term of the instant commercial building, I want to lease to another person and receive premium from a new lessee.”

C. Following the Plaintiff’s brokerage, on March 10, 2015, the Defendant and the new lessee F entered into a premium contract with the amount of KRW 14,000,000 for the instant commercial building (hereinafter “instant premium contract”) and the said F and the lessor E entered into a lease contract with the instant commercial building on March 16, 2015 (hereinafter “instant lease contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant agreed to pay the brokerage fees for the instant lease agreement and the premium contract at 0.9%, and the Defendant is obligated to pay the Plaintiff the brokerage fees at 1,071,000 won and the delay damages.

B. The defendant's assertion that the contract of this case and the brokerage fee of premium contract of this case were agreed to KRW 500,000, and the plaintiff's claim is without merit.

3. Determination as to the cause of action

A. We examine whether to enter into an agreement on brokerage fees, and the fact that the instant lease contract and the premium contract was entered into according to the Plaintiff’s brokerage is as seen earlier, and according to the written evidence Nos. 2 and 4, in the instant lease agreement, we determine the brokerage fees to be KRW 945,00 (=25,000,000 (monthly rent x 800,000 x 100) x 0.9%) in the instant lease agreement. The brokerage fees for the “trade, exchange, lease, etc.” of the commercial building are as follows.