1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The Plaintiff and the Defendant, on April 4, 2014, transferred the right to a “D” store located in Nam-gu Incheon Metropolitan City (hereinafter “instant store”) to the Plaintiff on a premium basis (hereinafter “instant contract for transfer of right”). The Plaintiff and the Defendant paid KRW 5 million to the Defendant immediately after the conclusion of the said contract. At the time of the instant contract for transfer of right, the Plaintiff and the Defendant agreed to the effect that “if the lease contract is not concluded with the lessor, the contract is null and void, and the down payment is refunded,” and the Plaintiff did not conclude the lease contract or the down payment is not returned to the Defendant on April 15, 2014, but the Plaintiff did not have any condition to return the down payment to the Plaintiff (hereinafter “instant contract for transfer of right”). The Plaintiff did not conclude the lease contract or the down payment to the Defendant on April 15, 2014.

2. According to the above facts of determination, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from August 8, 2014 to the day of full payment following the delivery of the complaint of this case sought by the Plaintiff, as the Plaintiff demanded the return of the down payment to the Defendant pursuant to the terms agreed upon at the time of the transfer of right of this case.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.