1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 7,900,000 and KRW 3,950,00 among them.

1. Basic facts

A. On February 1, 2017, C and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff, a licensed real estate agent, to sell KRW 3,950,000,00 of the Gangnam-gu Seoul Metropolitan Government D & 210.3 square meters and its ground (hereinafter “instant real estate”) owned by C to the Defendant, and the down payment of KRW 200,000,000 for an intermediate payment of KRW 200,000 at the time of the contract, and the intermediate payment of KRW 3,550,00,000 on August 31, 2017, to pay KRW 3,50,000 for each payment on January 5, 2018 (hereinafter “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, the Plaintiff prepared a contract and a description verifying the object of brokerage, and delivered it to C and the Defendant. The instant sales contract in the same text contains the following: (a) “ practicing licensed real estate agent is not liable for the default of this contract by the seller or buyer; (b) both parties to the relevant contract shall be paid at the same time as this contract is concluded; and (c) brokerage fees shall be paid even after the contract is invalidated, cancelled or terminated without the intention or negligence by the practicing licensed real estate agent; (d) in the case of a joint broker, the seller and the buyer shall pay brokerage fees to the practicing licensed real estate agent who requested the brokerage (Article 7), respectively; and (e) the confirmation statement about object of brokerage shall be written in the statement about object of brokerage (including value-added tax), and the calculation statement shall be written as “(3,950,000,000) x 0.9

C. C, the Defendant, and the Plaintiff respectively signed and sealed the above sales contract and the confirmation description of the object of brokerage respectively.

The Defendant failed to prepare the purchase price on the agreed date for the remaining payment date, and C extended the outstanding payment date for one year, but eventually the instant sales contract was terminated on December 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the existence of the obligation to pay brokerage fees (1) The Plaintiff’s assertion by the parties concerned is the instant case.