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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. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except where the defendant added or added the judgment as set forth in the following Paragraph 2, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. Of the contractual brokerage commission stipulated in the instant sales contract by the Defendant’s assertion, the part exceeding the limit of the brokerage commission stipulated in the relevant statutes, such as the Licensed Real Estate Agents Act, is null and void. However, the Plaintiff received 300,000,000 won from F who was represented by the Defendant under the pretext of brokerage commission and received 216,00,000 won, which is the maximum amount of the commission fee of the instant sales contract (i.e., purchase price of KRW 1,200,000 x 0.9% x 0.9% x 2). Thus, the Plaintiff’s claim of this case is without merit.
B. We examine the following circumstances, which are acknowledged by comprehensively taking into account the purport of the entire pleadings, i.e., the following circumstances: ① According to the instant sales contract, the seller’s brokerage commission is KRW 108,000,000, and the seller’s brokerage commission and consulting fee is KRW 300,000,000; ② accordingly, the representative of the buyer’s company paid KRW 300,000 to the Plaintiff; and the Plaintiff was punished on the ground that the Plaintiff was subject to criminal punishment for exceeding KRW 192,00,000 for consulting cost, not only KRW 108,000,000,000, the amount of the buyer’s share of brokerage commission, but also exceeds KRW 192,00,00,00 for the buyer’s share of the consulting cost (the Busan District Court Decision 2018Da3064, Jun. 30, 200).
Of KRW 300,000,000 paid by or F, 192,00,000 exceeding the limit amount of the buyer’s brokerage commission of KRW 108,00,000 is the seller’s share of brokerage commission.