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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. From January 8, 2018 to March 6, 2018, the Plaintiff served in the C Licensed Real Estate Agent Office operated by the Defendant.
B. On January 2018, the Plaintiff and the Defendant agreed to pay to the Plaintiff 40% of the amount calculated by deducting the office operating expenses from the sales commission of the said authorized brokerage office from the total sales commission (=2,700,000,000,000,000 won for monthly rent (2,000,000,000 won and other expenses) as the Plaintiff’s share.
E heading F G H H (contract deposit) on February 7, 2018, February 7, 2018, February 2018, 2018: (a) on March 30, 2018, March 31, 2018, the date of the preparation of the sales contract on February 7, 2018; and (b) on March 31, 2018, March 31, 2018; (c) KRW 13,500,000 on March 31, 2018; (d) KRW 13,740,000,00 won on March 31, 2018; and (e) KRW 15,840,000 on KRW 15,840,00.
C. D buildings E, F, G, and H, the sales contract of which was concluded as a broker of the above licensed real estate agent’s office, and the date of the preparation of subscription payment (contract payment) and sales contract, and brokerage commission paid by the sales company (I Co., Ltd.) are as follows:
The Defendant paid the Plaintiff KRW 14,74,80,000, totaling of KRW 6,517,600 on April 24, 2018, KRW 6,517,60 on June 12, 2018, and KRW 14,780,00 on September 12, 2018.
E. Meanwhile, the Defendant paid KRW 2,670,00 to the contractors of the above H on May 5, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 13, 14, Eul evidence 2, 4, 6, 7, Eul evidence 13-1 and 2, and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The brokerage commission for Plaintiff E, F, G, and H on February 2018 is KRW 21,248,00 [The brokerage commission for Plaintiff E, F, G, and H] (E heading 13,500,000 G heading 13,740,000 G heading 13,740,000 KRW 15,840,000 - office operating expenses 3,700,000 x 40%).
The Plaintiff received only KRW 14,780,000 from the Plaintiff, and thus, the Defendant claimed the remainder of KRW 6,480,000 and damages for delay.
B. Defendant E shall be around January 2018.