1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 22, 2018, the Defendant entered into a contract with the buyer of the Plaintiff, a licensed real estate agent, to sell C the purchase price of KRW 655,00,000 (the contract amount of KRW 65,000,000 on August 22, 2018, the remainder of KRW 490,000,000 on August 22, 2018, between the buyer and the Defendant’s broker, to sell C the purchase price of KRW 65,00,00 (the contract amount of KRW 65,00,000 on October 22, 2018).

B. On August 27, 2018, the Defendant concluded a sales contract for KRW 660,000,000, not for the Plaintiff’s desired purchase price, but for KRW 655,000,00, which was not satisfied with the above purchase price, and thus, intended to cancel the said sales contract.

Since then, around August 30, 2018, the defendant knew that the lower floor of the apartment of this case was sold in KRW 670,000,000,000, and asked to find the plaintiff, and the F, who actually performed the brokerage business, decided that he would not receive the brokerage commission from the defendant in advance of one month, and also that the plaintiff would not receive the brokerage commission from the defendant.

C. On September 21, 2018, the Defendant received the remainder from C on September 21, 2018, at a monthly price higher than the date of the remainder payment under the above contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff was acting as an intermediary for the instant apartment sales contract between the Defendant and C, and the Defendant is obligated to pay to the Plaintiff a commission for brokerage fee of KRW 3,602,50 in accordance with the statutory brokerage commission rate, and damages for delay thereof. 2) The Defendant’s assertion agreed on August 30, 2018 to not receive a brokerage commission between the Defendant and the Defendant, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.

B. The following circumstances, which are acknowledged by the evidence and the purport of the entire pleadings as seen earlier, are as follows. ① The Defendant sold the apartment of this case at KRW 655,00,000.