The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

A. The Defendant was running the parking lot business with the trade name of “E” by leasing the instant parking lot (hereinafter “the instant parking lot”) installed in the Busan Southern-gu Ctel underground D and the instant officetel.

B. On March 6, 2019, the Plaintiff agreed to take over all of the instant parking lot business and its fixtures from the Defendant at KRW 65,000,000 for premiums (hereinafter “the instant contract”). On the same day, the Plaintiff paid KRW 10,000 for the down payment of KRW 10,000 for the same day, and the remainder amount of KRW 5,000,000 after concluding a lease agreement with the Plaintiff and the owner of the building, the Plaintiff shall be paid at the same time as the instant parking lot was delivered on March 15, 2019.

C. On March 12, 2019, the Plaintiff had an interview with the owner of the instant officetel F, together with the Defendant and the brokerage assistant F, who had arranged the instant contract.

However, on March 15, 2019, the above owner rejected the conclusion of the lease contract with the Plaintiff, and the Defendant returned the down payment of KRW 10,000,000 to the Plaintiff.

Meanwhile, Article 1 of the instant contract provides, “The Defendant shall deliver to the Plaintiff a lease contract with the Plaintiff in the amount of KRW 20,000 and monthly rent of KRW 550,000,00,” and Article 5 provides, “In the event of a breach of contract by the Defendant, the Defendant shall pay to the Plaintiff the amount of the down payment and may not claim the return of the down payment upon the breach of contract by the Plaintiff.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that the defendant violated Article 1 of the contract of this case because he did not intend to conclude a lease contract of this case on the parking lot of this case. Thus, the defendant is obligated to pay KRW 10,000,000, which is equivalent to the compensation for damages pursuant to Article 5 of the contract of this case

3. Determination

A. The following circumstances revealing the above recognized facts and part of the evidence No. 4, and the testimony of the witness F of the party concerned, i.e., the whole purport of the pleading. ① Article 1 of the contract of this case also based on its language and text.