1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant (Counterclaim Plaintiff).

a counterclaim.

1. The first instance court, the scope of the trial of this court, dismissed all the plaintiff's principal lawsuit and the defendant's counterclaim. Since the court appealed only against the defendant, the scope of the trial of this court is limited to the part of the counterclaim.

2. Basic facts

A. The defendant is a certified broker who operates real estate brokerage business under the trade name of C real estate.

B. On April 24, 2019, the Plaintiff, a brokerage assistant of the Defendant, agreed to arrange for a trade for the owners of the land and buildings in Seongbuk-gu Seoul Metropolitan Government D, to receive KRW 98,00,000, which is 0.9% of the purchase price from the said owners, from the said owners, as a brokerage commission, and drafted a trade contract with the Defendant on April 24, 2019 (hereinafter “instant sales contract”).

(c)

The instant sales contract was fully executed on June 24, 2019 due to the payment of balance of sales and the delivery of documents necessary for the registration of ownership transfer.

(d)

After that, on July 15, 2019, the Defendant received 98,000,000 brokerage fees from E, one of the above sellers, as the head of Tong in the name of the Defendant. After that, the Defendant paid 68,00,000 won, which is part of the brokerage fees, to the Plaintiff on July 17, 2019.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

3. Judgment on the counterclaim

A. The gist of the Defendant’s assertion is that “F is obliged to pay KRW 10,000,000 to F for each of the following reasons: (a) while mediating the instant sales contract with F, the Plaintiff, who is a cause of assisting the Defendant’s affiliated intermediary, entered into an agreement with F, the buyer’s authorized broker, on the basis of the purchase and sale purpose; and (b) as the Plaintiff did not bear the director’s expenses; and (c) the Defendant is obliged to pay F, pursuant to the instant agreement, KRW 10,000,000.”

(b).