1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Defendant C’s employee D, who claimed by the Plaintiff, was requested by the Plaintiff’s husband E to mediate a lease agreement on the apartment owned by the Plaintiff without any power of representation from the Plaintiff, and without properly verifying the existence of the right of representation, etc. to the Plaintiff, the Plaintiff, who was the delegating, mediated a lease agreement with the lessee F, with the lease deposit amount of KRW 20 million and KRW 300,000,000 for monthly rent, as designated by E.

F has remitted KRW 5 million to the Plaintiff’s account in the name of the Plaintiff via D and E, but when the contract was concluded due to the failure to reach an agreement on the monthly rent between the Plaintiff and the Plaintiff, the Plaintiff asserted that the contract was reversed on the ground of simple change of judgment, and filed a lawsuit seeking payment of KRW 10 million for penalty, and the Plaintiff paid KRW 7.5 million to F in the said lawsuit.

Therefore, Defendant C is the employer of the Plaintiff, and the Defendant C is jointly and severally liable to compensate the Plaintiff for damages arising from the breach of the broker’s duty as a guarantor of the Defendant C [the amount calculated by subtracting the penalty of KRW 2.5 million paid by the Plaintiff to F (the amount equivalent to KRW 5 million paid by the Plaintiff from KRW 7.5 million, excluding the provisional contract amount of KRW 5 million returned by the Plaintiff to F)] equivalent to the monthly rent for the delay in the conclusion of the lease agreement on the real estate owned by the Plaintiff, and KRW 410,600, equivalent to the costs of the lawsuit between the Plaintiff and F).

2. The following circumstances are: (a) there is no dispute between the parties to the judgment; or (b) Gap evidence Nos. 9, Eul evidence Nos. 3 and 4, and the purport of the entire arguments and arguments can be comprehensively considered; (c) the Plaintiff and all the Defendants, the husband E, around April 17, 2017, requested the brokerage of a lease agreement with respect to the apartment of this case as KRW 200,000,000,000,000,000,0000,000,000,000,000,000,000,