1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

1. Basic facts

A. On February 15, 2017, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C as a broker of the Plaintiff, a licensed real estate agent, with respect to the first floor store (hereinafter “instant store”) among the above-mentioned Seoul Special Metropolitan City D [Road Name, Seoul Special Metropolitan City E] ground buildings (hereinafter “instant store”). The relevant contents of the instant lease agreement are as follows.

[Contents of a contract] Deposit: 10,000,000 won: The balance shall be paid and received at the time of the contract: 9,000,000 won; and 750,000 won per month: from February 28, 2017 to February 27, 2019 (other than brokerage fees) shall not be liable for the nonperformance of this contract by a lessor and a lessee.

In addition, the brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is null and void, cancelled or cancelled without the intention or negligence of the licensed real estate agent.

[Matters of Special Agreement]

7. A cement work, tent work, cement work, floor-cement work, and toilet work. The front door shall be made of a bend door;

8.To install and manufacture LPgas diversity;

B. The description of confirmation of the object of brokerage prepared and delivered by the Plaintiff to the Defendant on the same day stated that the brokerage remuneration is KRW 765,000, and in relation to the details of calculation of the brokerage remuneration, the statement stating that “the brokerage remuneration shall be determined by mutual consultation between the client and the licensed real estate agent within 9/1,00 of the transaction amount, and the value-added

C. The Defendant, under the instant lease agreement, failed to complete the matters stipulated in Articles 7 and 8 of the Special Agreement on the instant lease agreement by February 28, 2017, which is the delivery date of the instant store. Accordingly, the Defendant and C, a lessor, agreed to cancel the instant lease agreement without penalty. The Defendant received C as the down payment of the instant lease agreement at around that time.