The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. The Plaintiff is a person who runs real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” in Busan Shipping Daegu, and the Defendant is a sales agency company of E commercial buildings newly constructed in Busan Shipping Daegu D (hereinafter “instant commercial building”).

B. On August 1, 2018, the Defendant held a project explanation meeting on the instant commercial building (hereinafter “instant project explanation meeting”) for neighboring real estate intermediaries located in Busan Metropolitan Government E-sale Promotion Center located in Busan Metropolitan Government.

C. On August 2, 2018, the Plaintiff visited the said sales promotion center with H who actually operates the company G, and H concluded a sales contract with respect to I, J, K, and L among the above commercial buildings in the name of G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) promised, at the business explanation meeting of the instant case, the broker including the Plaintiff, to introduce the seller of the said commercial building to pay 1.5% of the supply price when the sales contract was concluded, and upon the Plaintiff’s introduction, H concluded a sales contract on the four commercial buildings among the instant commercial buildings in the name of G Co., Ltd. Therefore, the Defendant is obligated to pay the Plaintiff the Plaintiff a discount fee of KRW 104,148,300 (i.e., the supply price of the said four commercial buildings in total 6,943,220,00 x 0.015) and the delay damages therefor. (ii) The Defendant did not promise the Plaintiff to pay the discount fee of the Plaintiff. However, the Plaintiff did so for the purpose of obtaining advice from H on whether the commercial building was sold or not, and the Plaintiff did not play any role in the sales contract.

(b) Determination 1) Gap evidence 5 and 6 (including paper numbers) as a whole.