1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent conducting real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” and is a general taxable business entity.

B. On August 30, 2017, the Defendant entered into a lease agreement with the Plaintiff’s broker, which leases KRW 40 million, monthly rent of KRW 2.8 million from Gangnam-gu Seoul, Seoul E 1st commercial building.

C. The phrase “matters concerning brokerage remuneration, etc.” attached to the above lease agreement (hereinafter “instant explanatory note”) is written as follows: “mediation remuneration” is written as “3,160,000 won (including value added tax)”; and “the details of calculation of brokerage remuneration” is written as “(40,000,800 won) x 0.9%.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay a brokerage commission for the above commercial building lease contract to the plaintiff, barring special circumstances.

B. The defendant's assertion (1) asserts that the defendant did not consult about the brokerage commission under the instant lease agreement, and that the brokerage commission of 0.9% that the plaintiff is seeking is excessive.

As seen earlier, the statement in this case contains KRW 3,160,00, the brokerage commission is stated in KRW 3,160,000. However, the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the pleadings, namely, ① the brokerage commission part in the statement in this case is automatically output, ② the Plaintiff and the Defendant appears to have agreed to adjust the commission later, ② the relationship between the Plaintiff and the Defendant, ② the broker of the commercial building in this case, the developments leading up to the Plaintiff’s input, the degree of efforts made by the Plaintiff, and all the circumstances shown in the argument in this case, the appropriate brokerage commission fee due to the brokerage of the commercial building in this case is 0.7%.