1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The reasoning of the court’s explanation on this part is as follows: (a) the reasoning of the judgment of the first instance as to whether the contract of this case was rescinded or not is rescinded is that it is identical to the reasoning of the judgment of the first instance, except where the second and fifth “the purport of the entire records and arguments” of the judgment of the first instance is “the purport of the entire entries and arguments as to evidence A and evidence Nos. 1 through 4.”

2. As to the scope of damages, the Defendant is obligated to pay the Plaintiff the damages due to the rescission of the instant contract, it can be acknowledged by the evidence that, as to the scope of damages, Article 5 of the instant contract provides, “Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind the instant contract.” This is presumed to be an estimate of the amount of damages under Article 398(4) of the Civil Act by the agreement for penalty.

On the other hand, if the estimated amount of damages is unfairly excessive, the court may reduce it to an appropriate level (Article 398(2) of the Civil Act). In light of the purpose and content of the contract of this case, the circumstances leading up to the Defendant’s nonperformance as indicated in this case, and the Plaintiff’s damages anticipated to be actually incurred, etc., the amount of damages the Defendant is 8,50,000 won (=the down payment of KRW 17,00,000 x 50%).

Therefore, with respect to KRW 8,500,000 and the part cited by the judgment of the court of first instance among the Plaintiff and KRW 5,100,000,000, which are the part cited by the Defendant in the judgment of first instance, 5% per annum prescribed by the Civil Act from October 28, 2016 to February 8, 2017, which is the day following the delivery date of the original copy of the instant payment order, and damages for delay calculated by 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment; with respect to KRW 3,40,000, which is the part ordering additional payment by the other court.