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. Basic facts

A. On January 2, 2015, the Defendant concluded a sales contract with C, a licensed real estate agent, to sell D 103 Dong 2202 (hereinafter “instant apartment”) owned by the Defendant to C at KRW 690 million in the purchase price (hereinafter “instant apartment”).

B. A sales contract (No. 1) prepared at the time of the instant sales contract (hereinafter “instant sales contract”) contains the following: (a) the sales contract (the certificate No. 1 of this case; hereinafter “instant sales contract”) stating that the broker remuneration shall be paid by both parties to the instant contract at the same time

C. On March 9, 2015, the Defendant received full payment of the purchase price under the instant sales contract from C, and completed the registration of ownership transfer for the instant apartment in C.

The brokerage commission calculated according to the maximum rate of brokerage commission for the instant sales contract is 6,210,00 won (=690,000 won of the purchase price of the instant apartment x 0.9% of the maximum rate of brokerage commission).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay to the plaintiff a brokerage commission under the sales contract of this case (hereinafter “instant brokerage commission”).

B. Next, there is no evidence to prove that there exists an agreement on the amount of the instant brokerage commission between the Plaintiff and the Defendant as to the amount of the brokerage commission. In the event that the parties did not agree on the amount of the brokerage commission, the court may determine the amount of the commission in consideration of all the circumstances (see Supreme Court Decision 76Da766, Jun. 8, 1976). In light of all the circumstances, such as the contents of the instant sales contract acknowledged by each of the evidence mentioned above, the amount of the brokerage commission the Defendant should pay to the Plaintiff.