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. Basic facts

A. The Defendant is a person who operates a tasks with the trade name of “D” on the first floor of the Jinhae-gu Seoul Special Metropolitan City C from Changwon-si.

B. On February 13, 2014, the Plaintiff entered into a contract with the Defendant to acquire the above D rights (hereinafter “instant contract”) of KRW 190 million (20 million in contract amounting to KRW 80 million in intermediate payment, KRW 90 million in balance, and KRW 90 million in the remainder). As a special agreement, the agreement contains the following: “This contract shall be null and void without any cause of penalty between the parties when the head office of the lease contract or the franchise agreement is denied (Article 1); “When the head office of the lease or the franchise agreement is rejected, the act for the destruction of this contract (a simple alteration, etc.), penalty of KRW 20 million shall accrue (Article 3).”

C. On February 14, 2014, the Plaintiff paid a down payment of KRW 20 million to the Defendant under the instant contract.

However, in the past, the lessor, who entered into a lease contract with the Defendant regarding the above D shop, demanded rent of KRW 500,000 per month from the previous rent to the Plaintiff, and the Plaintiff refused this, and thus, the lease contract between the Plaintiff and the lessor was not concluded.

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

2. According to the above facts finding as to the cause of the claim, as the contract of this case was not concluded between the Plaintiff and the lessor and thus the cause of the contract of this case becomes null and void, the Defendant is obligated to pay to the Plaintiff the down payment of KRW 20 million, which was already paid to the Plaintiff, 5% per annum prescribed by the Civil Act from February 14, 2014 to May 22, 2014, the delivery date of a copy of the complaint of this case, which was the delivery date of the down payment, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. The phrase “when a lease contract or head office is rejected” stipulated in Paragraph 1 of the alleged special agreement is a lease contract.