1. The Defendant’s KRW 120,000,000 and the Plaintiff’s annual rate of KRW 5% from November 17, 2016 to May 29, 2018.

1. Basic facts

A. On September 19, 2006, the Plaintiff entered into a contract with the Defendant to purchase the right to sell the land for livelihood countermeasures in Jung-gu Incheon Metropolitan City (hereinafter “instant sales contract”) to be acquired in the future, and paid the purchase price.

B. Article 5 of the above sales contract provides that “A (the Defendant) shall pay a penalty as of the date requested by B (Plaintiff) in accordance with the contents of the existing promissory note, if the seller fails to fulfill his/her obligation under this contract.” In addition, the original and the Defendant prepared a performance note stating that “In the event the seller becomes aware of the right of sale due to the seller’s failure to meet his/her qualification for and the seller’s right to sell the land for taking measures against daily life, the seller shall not be dissatisfied with the clerical error in Article 6 “Article 5.” (hereinafter “instant performance note”).

C. In addition, on September 19, 2006, the Defendant issued a promissory note with a face value of KRW 150,000,000 at sight (hereinafter “instant promissory note”) in the Plaintiff’s future. The following day was notarized in the performance note and promissory note.

After that, the defendant could not receive the above sales right due to lack of qualification.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the instant sales contract, according to the determination on the cause of the claim, the Defendant was unable to perform the obligation even though it acquired a sale right and transferred it to the Plaintiff.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff penalty of KRW 150,00,000 in accordance with the penalty clause stipulated in the above sales contract and the instant performance memorandum.

3. Determination on the defense, etc.

A. The Defendant asserted conditional contract is a conditional contract that provides that the Defendant would purchase a site for livelihood countermeasures from the Incheon Urban Development Corporation.