1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 14, 2017, the Plaintiff entered into a contract with the Defendant and Busan-gu Factory Site C and its ground buildings (hereinafter “instant real estate”), under which the purchase price is KRW 1.8 billion, and the double down payment is KRW 50 million on the date of the contract, and the remainder is to be paid on April 27, 2017 (hereinafter “instant contract”).

The Plaintiff paid KRW 50 million to the Defendant on the day of the instant sales contract.

B. Article 6 of the sales contract of this case provides that “If the buyer or the purchaser has failed to fulfill the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract. In addition, the contracting party may claim damages arising from the termination of the contract to the other party, and unless otherwise agreed, the contract deposit shall be deemed as compensation for damages.”

C. On April 28, 2017, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff would cancel the instant sales contract without paying any balance by May 8, 2017. On June 28, 2017, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on the ground of the Plaintiff’s nonperformance of obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendant asserted that the Plaintiff had the right to arrange a loan regarding the sales price of the instant real estate, but failed to perform this right. As such, the Plaintiff and the instant sales contract were to be rescinded by agreement, but the Plaintiff agreed to refund the down payment amount of KRW 50 million paid by the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff KRW 50 million and delay damages.

B. The Defendant agreed to the Plaintiff as the opportunity to arrange a loan regarding the instant real estate purchase price.

50 million won of the down payment that the Defendant paid by the Plaintiff.