1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a company that runs the authorized brokerage business, and the defendant is a company that aims at the manufacturing business, such as films.

B. On October 5, 2014, the Defendant requested the Plaintiff to mediate the sale of the building site and building (hereinafter “instant real estate”) located in the Si/Gun/Gu party-dong 327-17, Si/Gun/Gu party-dong (hereinafter “Si/Gun party-dong”).

C. The Plaintiff calculated the value of the instant real estate as KRW 3,800,000,000, and was engaged in brokerage activities. On March 25, 2015, the Defendant concluded a sales contract with the SOSP Co., Ltd. for the instant real estate amounting to KRW 3,945,00,000 for the purchase price.

(hereinafter referred to as "the sales contract of this case"). . [Grounds for recognition] without dispute, Gap 1, 3, Eul 5, the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Since the sales contract of this case was concluded by the plaintiff's alleged intermediary activity, the defendant is obligated to pay the plaintiff 35,505,000 won (=3,945,000,000 won x 0.9%) equivalent to the intermediary activity in light of the purpose of the delegation contract under the Civil Act and the good faith principle.

B. The judgment broker, in principle, may claim a brokerage commission to the broker only when the contract for the object of brokerage is completed by arranging transactions and completing the contract. However, even though the contract has reached almost a certain stage of gender formation due to the broker’s act, the client and the other party conspired with each other to avoid the brokerage commission and concluded a direct contract without excluding the broker.

In special circumstances, such as where an act of brokerage has been interrupted due to a cause not attributable to the broker, and the broker has failed to participate in the preparation of the final contract, etc., the broker shall claim against the client a brokerage commission corresponding to the degree of the act of brokerage already performed, in light of the purport of Article 686(3) of the Civil Act, the principle of good faith, etc.