Litigation costs shall be borne by the plaintiff.

A. On October 27, 2017, C entered into a sale and supply contract for D apartment E supplied by the Defendant (hereinafter “instant sale contract”) with the Defendant (hereinafter “instant sale contract”), and paid 30,039,000 won as down payment to the Defendant.

B. Upon C’s request on December 5, 2017, the Plaintiff entered into a contract with the Defendant to succeed to the status of C under the instant sales contract (hereinafter “instant contract”), thereby becoming the purchaser of the instant sales contract.

C. The reasons for rescission of the contract in the instant sales contract are as follows.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion was made with the Defendant at the time of entering into the instant succession contract, and the circumstances were as follows: (a) it was difficult for the Defendant to pay the sales price if the Plaintiff was unable to receive the entire intermediate payment; and (b) at that time, the Defendant’s employee believed that there was no problem in the intermediate payment loan, and concluded the instant succession contract with the Defendant.

However, in fact, the Plaintiff received a loan from a bank and used only a part of the intermediate payment, not the intermediate payment, as a result of the loan, and the part of the intermediate payment was paid with the loan, but did not pay the remainder of the intermediate payment and the remainder worth KRW 20

Article 2(2) of the instant supply contract recognizes the cancellation of the contract due to the Plaintiff’s reasons. As the Plaintiff expressed his intent to cancel the instant sales contract by sending each content-certified mail on November 18, 2019 and October 20, based on the foregoing provision, the Plaintiff is obligated to pay the Plaintiff the down payment of KRW 30,039,000 already paid following the cancellation of the instant sales contract, and the delay damages therefrom.

B. First of all, the Plaintiff’s employee at the time of concluding the instant succession contract.