However, the defendant notified the plaintiff that he terminated the contract and confiscated the deposit amount of KRW 500 million on the ground that the plaintiff did not pay KRW 300 million.

However, there is no agreement or agreement to confiscate the security deposit, so the defendant is obligated to return the security deposit to the plaintiff.

2. Determination

A. According to the overall purport of evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff entered into a contract for sales and rental of the products manufactured by the Defendant on June 13, 2016 with the Defendant to sell or lease them exclusively. At the time, the Plaintiff entered into an agreement to pay KRW 500 million to the Defendant at the time, and to pay KRW 300 million as the price for the first goods within one month. Accordingly, the Plaintiff paid KRW 350 million as the deposit, and KRW 50 million as the sum to the Defendant on July 13, 2016, and KRW 50 million as the sum to the Defendant on July 27, 2016; the Defendant notified the Defendant that no provision on the above contract for the sale or rental of the goods was made by July 12, 2016 (300 million as the date of payment). Meanwhile, it is acknowledged that there was no provision on the above contract for the sale or rental of the goods at the time of the said agreement.

According to the above facts, the above contract was lawfully terminated around July 27, 2016 according to the defendant's notice of termination on the ground of the plaintiff's default. Thus, the defendant is obligated to return the above deposit amount to the plaintiff.

B. Therefore, the Defendant prescribed the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 2, 2017 to the date of complete payment with respect to KRW 500 million and the Plaintiff’s delivery of a copy of the instant complaint.