1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant is a company that newly built and sold “C building” on the 14th ground level above the 2nd ground level in Busan Shipping Daegu (hereinafter “instant commercial building”). The Plaintiff is a company that engages in the real estate sale and development business.

On March 11, 2016, the Plaintiff entered into a sales agency contract with the Defendant for the instant commercial buildings (hereinafter “instant sales agency contract”) with the following terms and conditions (hereinafter “instant sales agency contract”).

(A) [A] The Defendant and B refers to the Plaintiff’s agency contract] Article 6(1) of the Parcelling-out agency contract (Additional tax separate, Cash Payment Criteria) The sales agency fee (the basis for installment payment) shall be paid to B or B based on the sales price of the subject matter as follows. This contract, in principle, does not have the exclusive power of B in selling the unit based on the place of business.

[Conditions of Special Agreement]

1. Sales to three agencies of parcelling-out;

6. Sales commission rate - 1st to third floor: 5% of the fixed sales price - 6% of the fixed sales price - 1% of the fixed sales price (Provided, That no rental plan is available at present);

9. The method of paying existing agency fees for the direct sale of buildings in units by the executor - one percent of the prescribed fees shall be paid in proportion to the sales performance of buildings in units by the agent ;

(Provided, That the first execution of part payments) The Plaintiff performed the sales agency business of the instant commercial building from April 2016 to November 2016 under the instant sales agency contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including a provisional number; hereinafter the same shall apply), assertion of the purport of the whole pleadings, and plaintiff's assertion of judgment, the sale agency contract of this case is paid 1% of the sales amount to the defendant's direct sales amount under the special agreement terms. The defendant is among the commercial buildings of this case.