1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 60,000.

Basic Facts

On December 1, 2017, the Plaintiff entered into a sales contract with the Defendant, stating that “the Plaintiff shall pay the remainder KRW 150,000,000 on the date of the contract, and the remainder KRW 1.4 billion on March 15, 2018 (hereinafter “instant sales contract”) to the Defendant,” and that “the Plaintiff shall pay the Defendant the down payment of KRW 150,000,000,000 on the same day, for the division of KRW 1,550,000,000,000,000,000,000,000,000 on the same day,” and paid the Defendant the down payment of KRW 150,000,000 on the same day.

(A) No. 1-2). Article 6 / [Cancellation of Contract] When a buyer delivers money or goods to a seller as a down payment or a security deposit at the time of the contract, the seller shall pay a double of the down payment, and the buyer may waive the down payment and rescind this contract, unless otherwise agreed.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the termination of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The instant sales contract (Evidence A 1-1) includes the following provisions:

On February 1, 2018, the Plaintiff commenced the removal work of toilets in the above factory (hereinafter “instant toilets”) to use the instant factory as a car center. However, around that time, the Plaintiff suspended the said work upon receiving the Defendant’s objection.

Since then, on February 12, 2018, the Defendant removed the above toilets, etc. being used by the Plaintiff prior to the payment of the remainder.