1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. In the first instance court, the Plaintiff sought reimbursement of a double the amount of provisional contract and brokerage fee against the Defendant. The court of first instance rejected the claim for reimbursement of double the amount of the provisional contract (the partial claim for delayed damages) and dismissed the claim for payment of brokerage fee.

Since only the defendant appealed, the object of this Court's adjudication is limited to the cited part of the first instance trial.

2. Facts of recognition;

A. The defendant is the owner of Songpa-gu Seoul Metropolitan Government C Apartment 202.

The plaintiff is a brokerage assistant of the E Licensed Real Estate Agent Office operated by D.

B. On March 2015, the Defendant requested that the said apartment be leased at KRW 300 million to the prime real estate brokerage office, while maintaining the right to collateral security of KRW 130 million with respect to the said apartment.

The above contents were registered in the joint real estate brokerage network, and when the plaintiff asks the defendant on March 3, 2015, the defendant was informed of the same contents.

C. On March 4, 2015, the Defendant: (a) changed the terms and conditions of the lease to the main real estate brokerage office; and (b) requested the said apartment to lease KRW 360 million on the premise of the cancellation of the said right to collateral security.

At the same time, the defendant requested to delete the contents recorded in the joint real estate brokerage network as KRW 300 million.

On March 7, 2015, the Plaintiff, without knowing that the Defendant changed the terms and conditions of the lease as above, instructed F to lease the above apartment for KRW 300 million.

E. F decided to lease the above apartment in KRW 300 million and remitted the provisional contract amount of KRW 2 million to the Defendant’s account on March 7, 2015.

After receiving the above provisional contract amount, the defendant collected KRW 360,000,000 to the main real estate brokerage office, etc.

‘A' notification was made.

F. D has contacted the Defendant to determine the details of the contract preparation date, etc., and only when they have come to the time.