1. The Defendant (Counterclaim Plaintiff) paid KRW 3,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from April 11, 2014 to February 6, 2015.

1. Basic facts

A. On May 26, 201, the Plaintiff entered into a lease agreement with C and C to lease a property of KRW 40 million, monthly rent of KRW 2.5 million (excluding value-added tax), and from April 1, 201 to March 31, 2014 under the name of “G entertainment tavern” (hereinafter “instant lease agreement”), and thereafter, operates an entertainment tavern in the name of “G entertainment tavern” under delivery of the said building.

B. The Defendant was punished by a fine of KRW 2 million on October 25, 2012 by committing a crime of mediating the instant lease agreement between the Plaintiff and C, and receiving KRW 3 million from the Plaintiff as a brokerage commission. On October 25, 2012, the Defendant was punished by a violation of the former Licensed Real Estate Agent Act (amended by the Licensed Real Estate Agent Act, Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agent Act”) by a fine of KRW 2 million from the said court.

On September 26, 2013, the defendant appealed the Daegu District Court 2012No3540, but was sentenced to dismissal by the above court on September 26, 2013, and the above judgment was finalized on October 11, 2013.

[Recognition] Facts without dispute, Gap evidence No. 1-2, Gap evidence No. 2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the main claim

A. (1) In a civil trial, even if it is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis is a flexible evidence. Therefore, barring any special circumstance where it is deemed that it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that it is contrary to this, unless there are special circumstances to the contrary.

(See Supreme Court Decision 92Da31453 delivered on January 15, 1993).