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, a licensed real estate agent, was entrusted by Blue Hotel, Inc. with the purchase brokerage of 691 square meters (hereinafter “instant real estate”) to be used as a site for business from the Busan Shipping Daegu, Inc. (hereinafter “instant real estate”).

B. On March 31, 2015, the Defendant entered into a contract to sell the instant real estate owned by the Defendant to Blulu Keeping Hotel for KRW 2.717 billion (hereinafter “instant contract”). On the date of the contract, the Defendant received the down payment of KRW 270 million on the date of the contract, and the remainder of KRW 2.47 billion on May 11, 2015, and completed the registration of ownership transfer to Blu Keeping Hotel on the same day.

C. On March 31, 2015, the Defendant paid KRW 5 million to the Plaintiff at the brokerage commission.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 4-1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion generally accepted brokerage commission is 0.9% of the sales price, and in the instant sales contract, the Plaintiff and the buyer agreed to pay to the Plaintiff a brokerage commission equivalent to 0.45% of the sales price.

Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 8,449,150, including value-added tax 10% (=2,717,00,000 KRW x 0.45%) out of the unpaid amount of KRW 8,449,150 (=13,449,150 KRW - 5,000,000), and damages for delay.

B. Accordingly, we examine whether the Defendant agreed to pay to the Plaintiff the amount equivalent to 0.45% of the purchase price of the instant case as brokerage commission.

The above evidence and evidence Nos. 1 and 4 each can be recognized by comprehensively considering the overall purport of the pleadings, i.e., the following circumstances: ① Blulu Keeping hotel Co., Ltd. filed a lawsuit against D, E, F, and G on January 29, 2015 against the seller of the surrounding real estate purchased together with the instant real estate under Busan District Court Branch Order 2015Gahap10562, Jan. 16, 2015 against the seller of the real estate purchased together with the instant real estate.