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1.The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. Facts of recognition;
A. The Defendant, a licensed real estate agent, who runs real estate brokerage business under the name of “C Licensed Real Estate Agent Office (former D Licensed Real Estate Agent Office)” in the Daejeon Seo-gu, agreed to pay 80% of the brokerage commission to the Plaintiff when the Plaintiff was mediated at the request of the parties to the transaction, and 80% of the brokerage commission to the Plaintiff.
B. The plaintiff's goods and the details of the brokerage commission paid at the above office upon the request of the parties to the transaction are as follows.
① On April 7, 2014, E mediated the sale of the F apartment No. 105, 103, and 103, in Daejeon, to H. As a fee, the seller E paid to the Defendant KRW 2 million on April 18, 2014, and the buyer H paid KRW 1 million on April 8, 2014 and KRW 3.6 million on December 15, 2014, respectively. The Defendant paid the Plaintiff KRW 80,000,000,000, out of the above KRW 1 million on April 8, 2014.
② Around April 19, 2014, I arranged to sell J to K, and on the same day, the seller I paid to the Plaintiff KRW 3 million, and the buyer paid KRW 1.5 million to the Defendant respectively.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 3, 4, 5, 6, 8, 9, 10, 12, Eul evidence 1, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff, pursuant to the above agreement, the sum of ① KRW 1.6 million out of KRW 2 million received from E, and ② KRW 1.2 million out of KRW 1.5 million, 80 million out of the brokerage commission received from K, and ② KRW 2.8 million out of KRW 1.6 million (=1.6 million).
B. On the premise that the ratio of the share of the brokerage commission of the Plaintiff and the Defendant is 70:30,000 won, the Plaintiff did not pay to the Defendant KRW 90,000,000, which is 300,000,000, out of the three million brokerage commission received from J, the seller of J, and thus, the Plaintiff’s claim against the Plaintiff equivalent to the above KRW 90,000,000,00