1. The plaintiff's incidental appeal and the defendant's appeal are dismissed, respectively.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

1. On January 14, 2014, the Plaintiff acquired the business rights of the Defendant in Mapo-gu, Seoul, a KRW 15 million from the Defendant’s business right in Mapo-gu, Seoul, and paid the down payment of KRW 15 million on the date of the contract, the balance 35 million on February 10, 2014, and the transferee may rescind the contract by repaying the down payment before the payment of the balance. In the event one party fails to perform the above contract, the other party may demand the performance in writing and cancel the contract and claim a penalty for breach of contract. In this case, the Plaintiff agreed that the down payment shall be deemed a penalty, and the Plaintiff paid the down payment to the Defendant on the same day on the same day, and the contract was terminated after the remainder payment payment date to the Defendant on February 17, 2014, and the Plaintiff did not provide any dispute over the remaining payment period of KRW 10 million,500,000,000,000,000 among the down payment amount to the Plaintiff or the Plaintiff’s assertion that it was unlawful.

2. Determination:

A. According to the above facts, the Plaintiff cannot be deemed to have the right to rescind the said contract, which neglected to pay the remainder on the payment date, and the Plaintiff used the said contract to notify the Defendant that he would rescind the contract, and the Plaintiff would rescind the said contract, but the Plaintiff cannot be deemed to waive all the said contract deposit and terminate the said contract. The Plaintiff asserts that the said contract was terminated after the payment date of the remainder.