1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2016, the Plaintiff entered into a sales contract (hereinafter “each of the instant sales contracts”) with the Defendant with each of the KRW 183,357,800 for the sales price and KRW 183,723,500 for the instant hotel 519 as to the sales price for the Gyeonggi-do and D E hotel (hereinafter “instant hotel”) 417, which is the scheduled date of occupancy with the Defendant on October 201, 2017, and paid the Defendant a total of KRW 37,108,130 for the instant sales contract as down payment on the same day. The details relating to the instant sales contract are as follows.

Article 3 (Termination or Rescission of Contract) (3) The plaintiff may cancel the contract in any of the following cases due to the reasons attributable to the defendant:

1. The Plaintiff may cancel this contract if it is impossible to enter the room within three months from the scheduled date of entry due to the Defendant’s direct fault.

Article 4 (Penalty) (2) When this contract is terminated or cancelled on the grounds falling under Article 3 (3), the defendant shall pay 10% of the total sale price to the plaintiff as penalty.

Article 7 (Advance Payment and Balance Payment) (1) When the defendant uses an intermediate payment loan to a financial institution designated by the defendant, the interest on the loan shall be borne by the defendant.

Article 16 (Agreement on Loan with Interest-Free Interest) Where a defendant requests a financial institution to lend part of the purchase price to a financial institution and then the plaintiff applies for an intermediate payment loan, he/she shall handle it in accordance with the following provisions, and all responsibilities arising from failure to implement it shall be borne by

1. The Plaintiff shall delegate the amount of part payments loans requested by the Plaintiff to the designated account prescribed in Article 1(3) of this Agreement, and apply for loans to the financial institution designated by the Defendant within seven days from the date the Defendant’s separate notice is given.

Where the plaintiff does not file an application for part payments or the amount of loan applied is less than the amount of the loan agreement of part payments, the difference is the plaintiff.