1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant shall pay KRW 7,260,000 to the Plaintiff and its related costs on January 2018.

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name in Gangnam-gu Seoul Metropolitan Government.

B. On October 21, 2017, the Plaintiff arranged a lease agreement between the Defendant and E on the basis of the lessor’s “Defendant,” the lessee’s “E,” the security deposit “1.1 billion won,” the remainder payment and the delivery date of the object of the lease contract (hereinafter “instant lease agreement”) with respect to the F apartment G in Gangnam-gu Seoul, Seoul.

C. In the instant lease contract, the broker fee shall be paid by both parties simultaneously with the instant contract. The instant contract without the intention or negligence of the broker, stipulates that the intermediary fee shall be paid even after the relevant contract has been invalidated, cancelled, or cancelled (Article 7 of the contract), and the statement of confirmation of the object of brokerage shall state that the intermediary fee is KRW 9,680,000 (including surtax) in the form of brokerage fee.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 8, purport of whole pleadings

2. Determination as to the cause of claim and the Defendant’s assertion

A. According to the above findings of the determination on the cause of the claim, it is recognized that the Plaintiff and the Defendant set the brokerage remuneration of the instant rental agreement as KRW 9,680,00 (including surtax).

Therefore, the defendant is obligated to pay the above amount to the plaintiff with brokerage fees.

B. The defendant's assertion is alleged to have agreed to KRW 9,680,000 as stated in the confirmation statement of the above object of brokerage without agreement and agreed to KRW 1,00,000 with the plaintiff's brokerage fees. However, the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff and the defendant agreed to the brokerage fees of KRW 1,00,000, different from the above facts of recognition, and there is no other evidence to acknowledge them.

In addition, in light of the background leading up to the conclusion of the instant rental contract, which is recognized based on the evidence submitted by the Plaintiff, there is no circumstance to reduce the brokerage remuneration.

C. Depending on the theory of lawsuit.