1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. On June 20, 2016, the Defendant: (a) concluded a sales contract with Nonparty C to purchase KRW 112 Dong 802,00,00 of the building D (hereinafter “instant sales contract”); and (b) Article 7 of the instant sales contract with the Defendant’s signature and seal stated “0.9% of the transaction price: Brokerage remuneration: 00,000, and the description of confirmation of the object of the sales contract with the Defendant’s seal attached to the said sales contract, stating “8,145,00,000, 905,000,000 x 0.9%.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay 8,145,000 won to the plaintiff the above agreed mediation commission.

In regard to this, the defendant did not agree to pay 8,145,000 won to the plaintiff at the time of the conclusion of the sales contract of this case. However, although the defendant alleged that he made an oral agreement to pay 2,50,000 won as brokerage commission, the defendant's evidence alone submitted by the defendant is insufficient to acknowledge the above assertion and there is no other evidence to acknowledge it. However, as long as the sales contract of this case and the confirmation description of the object of the above brokerage describe 8,145,00 won as brokerage commission (0.9% of the transaction price), it is reasonable to view that the defendant agreed to pay 8,145,00 won as brokerage commission. Thus, the defendant's assertion is not acceptable

3. In conclusion, according to Article 7 of the instant sales contract, which is the date of the payment agreement with the Plaintiff, the Defendant pays brokerage fees to the Plaintiff simultaneously with the conclusion of the contract. Thus, the date of the contract for the payment of brokerage fees is June 20, 2016, which is the date of the conclusion of the instant sales contract.

After October 5, 2016, the delivery date of a copy of the complaint of this case from October 5, 2016 to October 21, 2016, as the plaintiff seeks, 5% per annum under the Civil Act.