1. As to KRW 58 million and KRW 8 million among the Plaintiff, Defendant B Co., Ltd. from March 9, 2019 to August 26, 2019.

1. Basic facts

A. On March 8, 2019, the Plaintiff concluded a contract to purchase D real estate located in Kimpo-si (hereinafter “instant real estate”) located in Kimpo-si, which is owned by Defendant B Co., Ltd. (hereinafter “Defendant”) as a broker by a private broker of Defendant C (hereinafter “Defendant”) with a down payment of KRW 1.35 million (the down payment of KRW 50 million, KRW 1.3 billion, and KRW 1.3 billion until April 10, 2019), and paid the down payment of KRW 50 million on the day.

B. On April 10, 2019, the remainder date, the instant sales contract was not concluded, and the Defendant Company returned KRW 30 million to the Plaintiff on April 26, 2019.

(c)

Accordingly, on May 31, 2019, the Plaintiff sent to the Defendant Company a certified mail stating that the remaining down payment and penalty should be paid KRW 70 million, as the sales contract was not fulfilled due to the Defendant Company’s fault. The Defendant Company additionally returned KRW 12 million to the Plaintiff.

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

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) As to the Defendant Company, the instant sales contract was cancelled on the grounds that the Defendant Company resolved the limitation of rights, such as provisional seizure and collateral security registered in the instant real estate, and fulfilled the obligation to register the transfer of ownership to the Plaintiff, and thus, the Defendant Company was obligated to return the remainder of the down payment, as the restitution, and pay KRW 50 million equivalent to the down payment, as the scheduled amount for compensation, as the liquidated damages.

B) As to Defendant C, the Plaintiff requested the Defendant C to keep down payment due to doubt about the financial situation of the Defendant Company and its ability to perform the contract, the Defendant C refused this request and transferred the down payment to the Defendant Company. Although there was a large amount of provisional seizure of the instant real estate and mortgage, the said false information was made.