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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. On April 1, 2015, the Defendant concluded a sales contract to purchase the land and buildings owned by Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant sales contract”) from the Geumcheon-gu Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) through the brokerage of the Plaintiff, a licensed real estate agent, for KRW 1,680,00,000 (hereinafter “instant sales contract”). The Defendant stated that the description of the object of brokerage (Evidence A2) bearing the Defendant’s signature and seal attached to the said sales contract, stating that “the brokerage fee is KRW 1,512,00,000, KRW 1,680,000,000 x 0.9%.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay 1,5120,000 won to the above agreed mediation commission.
In regard to this, the defendant asserted that at the time of the conclusion of the contract of this case, the plaintiff made an oral agreement with the non-party company, the buyer, instead of receiving a brokerage commission of KRW 5 million from the non-party company, but the defendant did not receive a brokerage commission. However, the defendant's assertion that the testimony of Eul evidence 2-1 and witness D of the party concerned is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it. However, as seen earlier, as long as the confirmation description of the above object signed and sealed by the defendant is stated as a brokerage commission of KRW 1,5120,00 as long as it is stated as a brokerage commission of KRW 1,5120,00
3. Accordingly, the defendant is obligated to pay to the plaintiff the damages for delay calculated at the rate of 20% per annum from August 6, 2015 to the date following the delivery date of a copy of the complaint of this case as requested by the plaintiff. Thus, the plaintiff's claim is justified. The judgment of the court of first instance is just as this conclusion, and the defendant's appeal is dismissed as it is without merit.