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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.
Reasons
1. There is no dispute between the parties that the Plaintiff and the Defendant agreed to pay KRW 4,400,000 to the Plaintiff when the Plaintiff and the Defendant agreed to terminate and settle the real estate brokerage office agreement.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 4,400,000 and delay damages therefor (hereinafter “instant agreed amount”).
2. The defendant's defense is a defense that the defendant paid the contract amount of this case to the plaintiff.
The following circumstances, i.e., Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and Eul evidence No. 1 to the whole purport of the pleadings, which are acknowledged by considering the following circumstances, i.e., ① the defendant paid the plaintiff the contract in this case on or around July 19, 2013, after he paid the contract in this case to the plaintiff, he cut off four documents, such as the original of the contract in the same business, the liquidation document concerning the termination of the contract in the same business, and the original of the contract in the same business, and the plaintiff went back to the plaintiff. According to the results of the verification of the court of the first instance, the above contract in the same business and the liquidation document are consistent with the defendant's argument. ② The plaintiff has only some parts of the original contract in the settlement document concerning the termination of the contract in the same business, and the liquidation document concerning the termination of the contract in this case was attached, and the defendant's claim is without reason to correct the contract in this case.
3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.