1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 20 million (a contract deposit of KRW 20 million) with respect to the said store in order to take over the car page of the trade name “D,” located in Sung-gu, Sung-si, Sung-si, Sung-si, Seoul, with the Defendant. On the same day, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 23 million (a contract deposit of KRW 10 million) with respect to the said car page’s facilities. On the same day, the Plaintiff entered into a contract on a right agreement with the Defendant

(hereinafter referred to as "each of the above contracts") B.

On September 23, 2013, the Plaintiff paid the Defendant the down payment of KRW 2 million on the said lease agreement, and KRW 10 million on October 3, 2013, respectively.

C. On November 19, 2013, the Plaintiff notified the Defendant of the cancellation of each of the instant contracts in accordance with Article 565(1) of the Civil Act on the grounds that the Plaintiff cannot pay any balance to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 5, and purport of whole pleading

2. Judgment on the plaintiff's assertion

A. In each of the instant contracts asserted by the Plaintiff, the instant down payment has the nature of both the nature of the cancellation fee and the estimated amount of damages. However, the instant down payment should be excessively reduced. As such, the Defendant is obligated to refund KRW 1,50,050,000, which deducts KRW 1,200,000 from the cancellation fee paid to the Plaintiff as the down payment and KRW 1,200,000,000,000,000

B. According to Article 565(1) of the Civil Act, in a case where one of the parties to a sale delivers money and other things at the time of the contract as a down payment, deposit, etc. to the other party, unless otherwise agreed by the parties, the deliverr shall waive it until one of the parties commences performance, and the receiver may cancel the contract by repaying the double amount. Thus, even in a case where the down payment has the nature of the contract deposit as a cancellation fee, the contract deposit shall be regarded as a penalty