The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The parties' assertion

A. On December 20, 2018, the Plaintiff, a licensed real estate agent, introduced the Defendant, who was aware of the commercial building to be leased to run a restaurant business, a lease contract between the lessor and the Defendant was temporarily concluded due to the following: (a) the lease deposit amount of KRW 40 million; and (b) the monthly rent of KRW 2.1 million (hereinafter “the instant brokerage object”); and (c) the lessor, upon the Defendant’s request, adjusted the terms and conditions that the lease deposit would be lowered to KRW 20 million; and (d) the lease contract between the lessor and the Defendant would be provisionally concluded.

However, the Defendant intentionally excluded the Plaintiff under the pretext of not paying brokerage fees to the Plaintiff, and concluded a lease agreement on the instant object through another licensed real estate agent.

In accordance with the above, even though the plaintiff made a critical contribution to the conclusion of the above lease contract, it is clear that the defendant intentionally excluded the plaintiff from the mediation commission for the purpose of not paying the mediation commission. Thus, the defendant claims against the plaintiff for the total of KRW 4,140,000 and delay damages for the amount of KRW 4,140,000.

B. Although the Defendant was placed in the licensed real estate agent office operated by the Plaintiff and introduced the object of the instant brokerage, the Defendant did not receive any specific contact from the Plaintiff despite the request for adjustment of lease deposit, etc. due to a large amount of difference in the amount, and the Defendant made clear that the Plaintiff, who requested prompt decision, could not enter into a contract at present with another person, would be able to engage in brokerage if the other person wishes to enter into a contract, and then inquire into the commercial building for restaurant business at another licensed real estate agent office.

During that period, the office of neighboring licensed real estate agents introduced the object of the brokerage of this case again, and at the above office, the lease deposit for the object of the brokerage of this case is adjusted to KRW 20 million.