1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2019, the Plaintiff concluded a sales contract with the Defendant to purchase the purchase price of KRW 1.24 billion (one hundred million per day deposit, KRW 1.1 billion on July 30, 2019, and KRW 1.1 billion on the remainder of 1.1 billion (hereinafter “instant contract”).

Article 8 of the contract of this case states that the defendant shall pay a double amount of the down payment to the defendant before the plaintiff pays the remainder, and the plaintiff may waive the down payment and rescind the contract of this case.

B. On May 30, 2019, the date of the contract, the Plaintiff paid the down payment of KRW 100 million to the Defendant.

C. On August 2, 2019, the Defendant paid the down payment of KRW 100 million to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff reserved an objection by returning the amount of down payment to the defendant's request for cancellation, and the defendant unilaterally cancelled the contract of this case and remitted the down payment to the plaintiff. Thus, the defendant is obligated to pay the down payment to the plaintiff in accordance with Article 8 of the contract of this case.

B. As to this, the Defendant asserted that the Plaintiff and the Defendant reached an agreement to return only down payment and to cancel the instant contract, on July 26, 2019, on the following grounds: (a) the Plaintiff delivered its account number without any particular declaration; and (b) the Defendant paid the down payment to the Plaintiff and sent text messages to the effect that the contract was terminated; and (c) thus, the Plaintiff and the Defendant did not express any intent.

3. We examine whether the instant contract was either the Defendant’s unilateral rescission or the Defendant’s rescission by agreement.

The rescission of an agreement is another contract with the content of generating the same effect as the parties did not conclude the contract already concluded.