1. The plaintiff's claim is dismissed.

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

1. On April 27, 2011, the Defendant entered into a transfer contract with the Plaintiff on behalf of Co., Ltd. (Co., Ltd. (Co., Ltd. (hereinafter “instant corporation”) on behalf of the Plaintiff, with a view to comprehensively taking over all the equipment, computer equipment, software, etc. of each of the affiliated businesses as a whole at KRW 20 billion (hereinafter “instant contract”). Around May 15, 201, the Defendant entered into a transfer contract (hereinafter “instant contract”) with the Plaintiff on behalf of the Plaintiff, including, but not limited to, F Hotel and D D, D, and D, D, which is located in the instant corporation, including the right to permit and operate a hotel and D, and the entire site, including the right to operate a business, and the hotel building, structure, and its affiliated businesses, and the entire equipment, computer equipment, software, etc. of each of the instant corporations. However, the contract date was entered retrospectively as of April 27, 2011.

The main contents of the instant contract pertaining to the instant case are as follows.

Article 5 (Cancellation of Contract) If the provisions of this Agreement are violated, the contract shall be terminated (Termination) and the contracting party shall be fully responsible.

Section 7 (Fees) The seller or the buyer does not assume the responsibility of the broker or the administrative agent for the default of this Agreement and pays the agreed fees at the time of the contract and the balance payment.

According to the instant contract, the Defendant paid the instant corporation KRW 150 million as the down payment around April 29, 201, KRW 150 million, KRW 40 million on June 7, 2011, and KRW 290 million on June 10, 201.

Around June 22, 2011, the instant corporation cancelled the instant contract on grounds of delay in the Defendant’s obligation to pay the transfer price, and confiscated the said KRW 290 million.

Accordingly, the Defendant filed a lawsuit against the instant legal entity seeking the return of the down payment under the Suwon District Court 201Ga16625, and the said court rendered a judgment dismissing the Defendant’s claim on November 20, 2012 on the ground that the Defendant’s exercise of the right to rescission by the instant legal entity for nonperformance is legitimate.

Accordingly, the defendant appealed from the appellate court (Seoul High Court 2012Na103488) and on April 8, 2013.