1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 14, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with the terms that the Plaintiff leases KRW 120,000,000 (in the event of a contract, KRW 6,000,000, an intermediate payment of KRW 6,000,000, an intermediate payment of KRW 108,000 from June 14, 2018, and the remainder of KRW 108,000 from June 26, 2018 to June 25, 2020 (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

Article 7 [Presumed Performance of Obligations and Compensation for Damages] If a lessor or lessee has failed to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In such cases, each party to a contract may claim damages from the other party due to the cancellation of contract, and the contract deposit shall be deemed to be the basis for compensation for damage, unless otherwise agreed

[Matters of Special Agreement]

8. The key to the return of the down payment shall be when the loan is known; and

B. On June 12, 2018, the day before the conclusion of the instant lease agreement, the Plaintiff paid KRW 6,000,000 to the Defendant respectively, and the intermediate payment of KRW 6,000,000 on June 14, 2018, which is the day when the instant lease agreement was concluded.

C. On June 15, 2018, the Plaintiff demanded the Defendant to prepare and deliver a lessor’s certificate to be submitted to the bank to obtain a loan of full-time funds, but the Defendant rejected it.

On June 19, 2018, the Plaintiff requested the Defendant to return the down payment and the intermediate payment, and the Defendant paid 12,000,000 won in total to the Plaintiff following the day.

E. On June 28, 2018, the Plaintiff revoked the instant lease agreement with the Defendant due to the Defendant’s unilateral nonperformance, and sent a certificate of content that claims the amount equivalent thereto as compensation for damages.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, Eul evidence 2 and 4.