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. Judgment on the plaintiff's assertion

A. On August 24, 2014, from August 25, 2015 to April 25, 2015, the Plaintiff: (a) leased a building with a lease deposit of KRW 10 million; and (b) notified the lessor of his/her intent to terminate the lease agreement as of August 4, 2015, where the contract was implicitly extended.

On August 27, 2015, the Plaintiff provided that the Defendant shall bear one million won brokerage commission to be disbursed by a lessor to a new lessee by a private individual in the form of refund of the lease deposit from the lessor on August 27, 2015. The Plaintiff received only nine million won after deducting one million won from the deposit amount of KRW 10 million.

Since the plaintiff paid brokerage commission by mistake based on the defendant's erroneous explanation, the defendant shall return it to the plaintiff, or the defendant's above act constitutes a tort against the plaintiff, and the defendant shall compensate for the damages suffered by the plaintiff.

B. 1) According to the Plaintiff’s factual basis regarding a claim for return of unjust enrichment, the Plaintiff paid a lessor a compensation for damages under the pretext of the brokerage commission, and the lessor paid a commission to the Defendant pursuant to the brokerage agreement, so there is room for the Plaintiff to claim for return of unjust enrichment by asserting that the lessor did not have any obligation to pay the brokerage commission, and not seek for return of unjust enrichment to the Defendant who was paid the brokerage commission under a separate contract with the lessor. 2) The brokerage commission paid by the Plaintiff for a claim for return of unjust enrichment by tort is the amount that the Plaintiff paid with the lessor pursuant to the agreement with the lessor. 2) The brokerage commission paid by the Plaintiff for a claim for return of unjust enrichment by the lessor is the amount that the Plaintiff paid with the lessor pursuant to the agreement with the lessor

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