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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1.In fact, each of the facts under recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings, either Party A’s evidence Nos. 1 and 2 (including paper numbers).
The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office”.
B. On February 27, 2017, the Defendant entered into a lease agreement with the Plaintiff on the lease deposit amounting to KRW 112 and 113 (hereinafter “instant commercial building”) from the Newyang-gun Technology Complex (Seoul-gun Technology Complex”) (hereinafter “instant lease agreement”) to lease KRW 100,000,000 per month.
The main contents of this case in the lease contract prepared at the time are as follows:
Article 8 (Entrustment Remuneration) A practicing licensed real estate agent shall not be held responsible for the nonperformance of this contract by a lessor or lessee.
In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without the intention or negligence of the practicing licensed real estate agent.
Article 9 (Confirmation, Issuance of Explanatory Note, etc. of Object of Brokerage) A practicing licensed real estate agent shall prepare a confirmation and explanatory note of object of brokerage, and deliver them to both parties to a transaction simultaneously with a copy of the business guarantee certificate (mutual aid certificate, etc.
C. The confirmation and explanatory note of the object of brokerage attached to the above lease agreement states that the defendant's brokerage remuneration to be paid to the plaintiff is KRW 5,148,00,00, and the brokerage remuneration calculation statement states that "(100,000 (4,200,000 x 100 x ) x 0.9% x 1.1, and brokerage remuneration is determined by mutual consultation between the client and the practicing licensed real estate agent within the limit of 9/1,00 of the transaction amount, and value-added tax may be imposed separately."
The defendant signed and sealed the confirmation and explanatory note of the above object of brokerage.
2. Determination
(a)the occurrence of the obligation to pay the brokerage remuneration;