1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 13, 2013, the Plaintiff entered into a contract with the Defendant, which operated Enonocom (hereinafter referred to as “instant singing room”) with the Defendant, under which the Plaintiff would pay the Defendant a deposit of KRW 10 million in total and KRW 25 million for the premium of KRW 15 million, and KRW 4.8 million for the said singing room (hereinafter “instant contract”) and agreed to give the Defendant the said singing room (hereinafter “instant contract”), and the down payment of KRW 4.8 million shall be paid on July 24, 2013 on the day of the contract, the remainder of KRW 20 million for the contract, and if the Defendant terminates the instant contract, it shall compensate twice the down payment, and if the Plaintiff terminates the instant contract, he/she shall waive the down payment.

B. On June 21, 2013, the Plaintiff paid a total of five million won, in the name of down payment, etc., on six occasions by the Plaintiff’s credit card at the instant singing room.

C. Since then, the Defendant notified the Plaintiff of termination of the contract, and transferred the instant singing book to a third party around July 12, 2013.

On July 15, 2013, the Defendant paid KRW 3 million to F as designated by the Plaintiff, and remitted KRW 2.3 million to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3 (including a tentative number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties’ assertion that the plaintiff unilaterally terminated the contract of this case. As such, the plaintiff unilaterally paid 9.6 million won, which is a double of the down payment, to the plaintiff according to the agreement, on July 15, 2013. The defendant asserts that the plaintiff is liable to pay the remainder of 4.3 million won and damages for delay.

The defendant asserts that since the contract of this case was terminated and the plaintiff agreed to pay the down payment of KRW 4.8 million and penalty of KRW 5.5 million to the plaintiff, it cannot accept the plaintiff's claim since it was paid to the plaintiff.

B. In full view of the purport of the entire pleadings in the statement No. 3 as to the judgment, the Defendant decided to terminate the instant contract and July 15, 2013.