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

Basic Facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office”.

B. On December 25, 2013, the Defendant: (a) requested the Plaintiff to rent a store operating clothes; and (b) concluded a lease agreement with the Plaintiff regarding the first floor of the Gangseo-gu Seoul Metropolitan Government E25 square meters store owned by the Plaintiff, Gangseo-gu, Seoul, with the Plaintiff’s brokerage, of KRW 40,000,000, monthly rent of KRW 1,800,000.

At the same time, the above lease contract was concluded between F and F, which is the tenant, the right of KRW 15,000,000.

C. On December 24, 2014, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 2,178,000,000 for the brokerage commission under the above commercial building lease contract, and obtained the judgment in favor of the Plaintiff (this Court Decision 2014DaDa41504), and the above judgment became final and conclusive on February 13, 2015.

On February 24, 2015, the Defendant paid all the above judgment amount to the Plaintiff.

[Reasons] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3, and the plaintiff's assertion of the purport of the whole pleadings as to the whole commercial building lease contract, the plaintiff was paid brokerage fees for the acquisition and transfer contract of rights (facilities) separately from the brokerage fees for commercial building lease contract, and the amount was determined as KRW 2,178,000 (including additional tax) calculated by multiplying the amount by 0.9%. Thus, the defendant is liable to pay the above money and damages for delay to the plaintiff.

Judgment

According to the statement in Gap evidence No. 1, Article 5 of the contract for the transfer of rights (facilities) provides that "a service fee shall be paid by the transferee at the time of the conclusion of this contract and 1.3% of the acquisition price." Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount equivalent to "1.3% of the acquisition price 】" i.e., the amount equivalent to "1.3% of the acquisition price, i.e., the amount of KRW 195,000 (i.e., 15,000 x

Furthermore, the defendant is obliged to pay the brokerage commission exceeding the above amount.