1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On May 2017, the Defendant entered into a brokerage contract (hereinafter “instant brokerage contract”) with the Plaintiff, a licensed real estate agent, and one building for the office B located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

B. On May 17, 2017, the Defendant concluded a lease contract with the lessor for the instant commercial building (hereinafter “instant lease contract”) as the Plaintiff’s intermediary, and paid the said contract deposit to the lessor from June 1, 2017 to May 31, 2019, when entering into the lease contract with the lessor (hereinafter “the instant lease contract”). The deposit amount of KRW 250,000,000 (the remainder of KRW 225,000,000), monthly rent of KRW 20,000,000, and the delivery date and the remainder payment date of the object, respectively.

C. The Defendant agreed with the Plaintiff to pay KRW 22,275,00 (including value-added tax) as the brokerage remuneration for the instant brokerage contract at the same time as the remainder payment is made on June 1, 2017.

When entering into the instant lease agreement, Article 8 of the lease agreement prepared by the Plaintiff and delivered to the parties concerned has been printed in the same letter stating that “a brokerage fee shall be paid even if this contract is invalidated, cancelled or cancelled without the intention or negligence of the practicing licensed real estate agent.”

This section is referred to as "the provision of this case"

(ii) [based on recognition] unsatisfy, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings;

2. The parties' assertion

A. Since the lease contract of this case was concluded through the plaintiff's assertion brokerage business, the defendant is obligated to pay 20,250,000 won to the plaintiff according to the mediation contract of this case and delay damages from the day after the delivery of the copy of the complaint of this case.

B. According to the Defendant’s assertion 1, the agreement that “the intermediary remuneration shall be paid simultaneously with the payment of the remainder on June 1, 2017” under the instant brokerage agreement is stipulated as a condition precedenting the payment of the remainder of the lease deposit.

However, there is a problem.