1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On February 24, 2014, the Plaintiff decided to take over the instant underwriting contract from the Defendant on a daily basis (hereinafter “instant underwriting contract”) operated by the Defendant on the Yeonsu-gu C and the first floor in Incheon, Yeonsu-gu, and paid KRW 5,000,000 on that day.

B. After that, the Plaintiff and the Defendant agreed with each other on the provision of cash or physical security prior to the Plaintiff’s operation of the agency.

C. However, the Plaintiff became unable to accept the Defendant’s agency due to the lack of consultation with E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that he wanted to take over a daily agency operated by the defendant, but in the process, the defendant did not properly perform all the obligations under the contract of this case, including the plaintiff's promise, and the contract of this case was reversed due to the defendant's response to the above influence.

Therefore, the Defendant is obligated to pay the Plaintiff a penalty of KRW 5,000,000 (=the Plaintiff’s paid amount of KRW 5,000,000) and damages for delay.

B. First of all, we examine the Plaintiff’s claim for return of KRW 5,00,000 that the Plaintiff paid at first of all, as seen earlier, and there is no clear evidence to acknowledge the Plaintiff’s cause attributable to both the Defendant and the Plaintiff as to the instant underwriting contract (the circumstances in the process of consultation between the Plaintiff and E do not immediately constitute the Plaintiff’s cause attributable to the instant underwriting contract. Meanwhile, the Defendant exempted the Plaintiff from its obligation under the instant underwriting contract, while the Defendant discharges the Plaintiff from its obligation under the instant underwriting contract, and 5,000,000, paid by the Plaintiff under the instant underwriting contract.