1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

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

B. On April 14, 2018, the Defendant concluded a lease agreement with E, the representative director of D Co., Ltd. on the Plaintiff’s brokerage, whereby the Defendant set a deposit amount of KRW 100,000,000, monthly rent of KRW 4,900,000 between the Plaintiff and E, and the Defendant, one parcel of land G building H (hereinafter “instant commercial building”).

(hereinafter “instant lease agreement”). C.

The Plaintiff prepared a confirmation and explanatory note of the object of brokerage at the time of the conclusion of the instant lease agreement, and signed and sealed by the Defendant. Of the amount of brokerage fees and actual expenses, matters concerning the brokerage fees, etc. under Section III are stated as follows: “5,310,000 won, guidance 5,841,000 won (including additional dues 531,000 won)” and “the details of calculation” column as follows: “The brokerage fees: (4,90,000 won (4,90,000 x 100%) x 0.90%.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed to pay KRW 5,841,00 (including value-added tax) with brokerage fees as indicated in the confirmation and explanatory note of the object of brokerage prepared and delivered.

Therefore, the defendant is obligated to pay to the plaintiff 5,841,00 won for brokerage fees and damages for delay.

B. Although the Plaintiff should have explained and confirmed the contents of the lease agreement or the confirmation and explanatory note of the object of brokerage to the Defendant, it cannot be said that there was an agreement between the Plaintiff and the Defendant on brokerage remuneration.

Even if there was an agreement between the Plaintiff and the Defendant on brokerage fees, it shall make every effort in addition to preparing a contract for the conclusion of the instant lease contract.