1. Defendant C Co., Ltd.: 46,00,000 won for the Plaintiff and 5% per annum from March 27, 2016 to September 21, 2016.

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter referred to as Defendant D) entered into a subdivision agency contract with Defendant C Co., Ltd. (hereinafter referred to as Defendant C), a sales agent, on the E-ground F commercial building in Suwon-si, Suwon-si, and Defendant B is the representative director of Defendant C.

B. On July 23, 2014, the Plaintiff, through the sales agency of Defendant C Co., Ltd, determined that the sale price of F No. 105 (hereinafter referred to as the “instant commercial building”) is KRW 1,06,000,000 for KRW 318,000 for the sales price (excluding value-added tax), and paid KRW 300,000 for the first intermediate payment, KRW 16,000,000 for the first intermediate payment by August 22, 2014; and KRW 636,00,000 for the remainder payment by September 30, 2014 (hereinafter referred to as the “sale contract in this case”); and paid KRW 318,000 for the same day the down payment as the same day.

C. According to the instant sales contract, where the contract is rescinded due to the delay in the payment of the intermediate payment or the balance, the amount equivalent to 10% of the sales price shall be the penalty, and the Defendant D shall refund the remaining amount after deducting the amount equivalent to the penalty from the amount paid at the time of the Plaintiff’s payment.

Defendant D notified the Plaintiff of the cancellation of the instant sales contract, on February 11, 2015, where the Plaintiff did not pay the intermediate payment and the remainder to the Plaintiff by February 27, 2015 on the grounds of the overdue payment of intermediate payment and the payment of the remainder.

F. On April 29, 2015, the Plaintiff submitted a written request for cancellation of the instant sales contract and a written consent for re-sale to Defendant D.

G. Accordingly, on May 12, 2015, Defendant D confiscated 1.6 million won, which is equivalent to 10% of the sales price, out of the down payment of KRW 318 million on May 12, 2015, as a penalty for termination, and returned the remaining KRW 212 million to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim against Defendant D.