1. The plaintiff's claim is dismissed.

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

The cause of the instant claim is the same as indicated in the attached cause of claim. The evidence alone submitted by the Plaintiff cannot be readily concluded that the sales contract was concluded between the Plaintiff and the Defendant. Even if the sales contract was concluded, unless there is a special agreement between the Plaintiff and the Defendant that the contract was terminated due to the nature of the cancellation fee and the penalty for breach of contract.

Even if the other party can only receive compensation for the actual damages incurred in nonperformance of the contract, and the down payment does not naturally belong to the other party as a penalty (see, e.g., Supreme Court Decision 2007Da24930, Apr. 29, 2010). There is no evidence to prove that there was a special agreement between the parties to the contract to compensate for the down payment amounting to seven million won as the down payment asserted by the Plaintiff.

Therefore, the plaintiff's claim that the plaintiff seeks more than one million won in this case, which had already been returned from the defendant, is dismissed as it is without merit. It is so decided as per Disposition.