1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From July 2013, the Plaintiff purchased the land for gas stations in Gwangju Northern-gu and buildings of 1,061 square meters and 169 square meters for E gas stations and 3-story buildings on its ground (hereinafter “instant gas stations”) owned by Hyundai Lao Bank Co., Ltd. (hereinafter “Moo Bank”) with the trade name “C,” and had a plan to operate gas stations.

B. On December 31, 2013, the Plaintiff agreed to sell the instant gas station preferentially to the Plaintiff, and the purchase price is KRW 1.71 billion. The Plaintiff cannot withdraw its intent for any reason after the conclusion of the agreement, and shall pay KRW 85.5 million equivalent to 5% of the purchase price to the Hyundai Daily Bank as the deposit money. In the event that the Plaintiff is notified of the approval for sale by the Hyundai Daily Bank, the Plaintiff entered into this agreement (as of December 2013), and if the Plaintiff fails to perform its obligation within that period, the said deposit falls under the penalty for breach of contract (hereinafter “instant agreement”). On the same day, the Plaintiff paid KRW 85.5 million to the Hyundai Daily Bank.

C. On April 2, 2014, Hyundai Lao Bank: (a) notified the Plaintiff on April 10, 2014 by setting the time limit for concluding the instant gas station; and (b) notified the Plaintiff on April 10, 2014, that “I would confiscate KRW 85,55 million if the Plaintiff did not conclude the instant contract by the said time limit; (c) at the Plaintiff’s request, the contract term was delayed until April 21, 2014; (d) Hyundai Lao Bank sent to the Plaintiff a certificate of content that “I would cancel the instant agreement on the ground that I would not abide by the contract term and confiscate KRW 85,500,000,000,000,000,000 won.”

On August 26, 2015, the Plaintiff filed a lawsuit claiming the return of down payment of KRW 85 million with the Seoul Central District Court 2015Kadan5298128, which was against the Hyundai Lao Bank.