1.The judgment of the first instance court, including a claim extended and reduced in this Court, shall be modified as follows:

1. Facts of recognition;

A. On September 9, 2013, the Plaintiff: (a) recommended the Defendant to purchase 28 parcels of land (hereinafter “instant real estate”) adjacent to Chungcheongnam-gun, Chungcheongnam-gun; and (b) expressed the intention of purchase at KRW 2.4 billion; (c) however, if not entering into a contract, such as the payment of down payment, the Defendant’s representative director, who was the Defendant’s representative director, shall deposit the down payment in part to the Plaintiff by his/her personal indication; and (d) on September 9, 2013, the Plaintiff deposited the down payment in KRW 10 million to the Defendant.

B. The sales contract between the Plaintiff and the Defendant was not concluded.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness E of the first instance court, witness E of F, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff of the parties concerned agreed with the defendant to return KRW 10 million in the event that the sales contract of the real estate of this case is not sexually formed, but the above sales contract was not sexually formed. Thus, the defendant should return the above money to the plaintiff.

In this regard, the defendant asserts that the above money was received as part of the down payment, and that the contract did not have an obligation to return it because the contract was concluded with the plaintiff.

3. Determination

(a)in order for a contract to be concluded, there is a need for agreement between the parties to the contract, and such agreement should not be required with respect to all matters constituting the content of the contract in question, but with respect to its essential or important matters, an agreement on standards and methods that may be specifically and specifically specified in the future;

(See Supreme Court Decision 200Da51650 Decided March 23, 2001, etc.). The following circumstances, which can be seen by comprehensively taking into account each of the evidence and the purport of the entire pleadings, are as follows. In other words, the Defendant said that the sales price of the instant real estate was total 2.4 billion won to the Plaintiff. According to the above sales price, the Plaintiff and the Defendant are too small to regard the KRW 10 million as the down payment.