1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

The plaintiff is a licensed real estate agent who operates a licensed real estate agent office in Seopo City E.

On March 10, 2018, the Defendants concluded a real estate sales contract with the content of purchasing KRW 695,00,000 for the purchase price (hereinafter “instant sales contract”) of the Franpo City F-si Building B owned by the Plaintiff’s intermediary.

Article 7 of the sales contract of this case provides that "A practicing licensed real estate agent shall not be liable for the default of this contract by the seller or the buyer," and Article 7 of the sales contract of this case provides that "the brokerage remuneration shall be paid by both parties to this contract at the same time as this contract is entered into, and the brokerage remuneration shall be paid by both parties to this contract without the intention or negligence of the practicing licensed real estate agent."

[Ground of recognition] In the absence of dispute, Gap's evidence 3, Eul's evidence 6, and the plaintiff's claim as to the part concerning the claim for the brokerage commission (agreement) of the whole pleadings, the brokerage commission stated in the sales contract of this case is erroneous due to the program problem, and in the case of commercial housing, the brokerage commission rate is 0.9%.

The plaintiff discovered this fact immediately after the preparation of the contract and corrected the brokerage commission rate by telephone to the defendant D to 0.9%, and the defendant D also consented thereto, so the brokerage commission rate is changed to 0.9%.

Moreover, since the Defendants were led to confessions on the brokerage commission claimed by the Plaintiff on the fourth day of pleading in the first instance trial, the commission to be paid by the Defendants to the Plaintiff is KRW 6,255,000 (=sale amount of KRW 695,000,000 x 0.9%).

Judgment

On the other hand, it is believed that the Defendants agreed to pay more than KRW 6,255,00 than KRW 3,475,000 stated in the contract as a brokerage commission.