1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a practicing licensed real estate agent who has established and registered the establishment of a brokerage office in Jung-gu Seoul Metropolitan Government C and 123 under the name of “D Licensed Real Estate Agent Office.”

B. Around January 2015, the Defendant requested the Plaintiff to mediate the sale of the Jung-gu Seoul Jung-gu E Apartment 26 Dong 1409 (hereinafter “instant building”).

Accordingly, on January 19, 2015, the Plaintiff entered into a sales contract with the Defendant and F on January 19, 2015, with regard to the instant building as “the purchase price of KRW 550 million” and “the remaining payment date of March 6, 2015.”

(hereinafter “instant sales contract.” At the time, “a description of confirmation of the object of brokerage” attached to the sales contract was written in KRW 2.2 million (in calculation details: KRW 550,000 x 0.40%) with a brokerage fee for the Plaintiff. The Defendant signed and sealed the said confirmation statement.

C. On March 7, 2015, the Plaintiff issued to the Defendant cash receipts indicated as “The supply price: KRW 2,200,000, and the approval number: G.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 4, and the purport of whole pleadings

2. The parties' assertion;

A. Since the sales contract of this case was concluded by the plaintiff's assertion as the plaintiff's brokerage act, the defendant is obligated to pay to the plaintiff 2.2 million won of the contract's brokerage fee and damages for delay.

B. The defendant's assertion 1 requested the sale of KRW 2 million to KRW 3 million at a higher price than KRW 550 million in consideration of the director's expenses, brokerage fees, etc.

However, the Plaintiff proposed that “the Plaintiff would enter into a sales contract of KRW 550 million instead of the Plaintiff’s brokerage fees.” The Defendant accepted this and eventually entered into the sales contract of KRW 550 million.

Therefore, since there was a separate agreement between the plaintiff and the defendant to not pay brokerage fees, the plaintiff cannot claim brokerage fees against the defendant.