1. The plaintiff's claim is dismissed.

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

1. The following facts are found either in dispute between the Parties or in accordance with the statements in Gap evidence 1 and 2:

A. On January 24, 2013, Defendant B purchased KRW 1,350,00,000 of the purchase price from D, and KRW 50,000 of the down payment, Defendant B entered into a contract to pay KRW 1,300,000 until February 15, 2013, and Defendant C guaranteed Defendant B’s obligation to pay the said purchase price.

B. The Defendants did not pay the said down payment to D until the expiration of February 15, 2013.

C. On April 5, 2013, D transferred to the Plaintiff the claim for down payment of KRW 50,000,000 against Defendant B, and notified Defendant B of the said assignment of claim on April 9, 2013.

2. The Plaintiff asserted that the Plaintiff received the down payment claim against the Defendant B from D, and the Defendant C, which guaranteed the obligation to pay the down payment, shall jointly and severally pay the down payment amount of KRW 50,000,000 to the Plaintiff and the delay damages.

3. According to the evidence No. 1 of the judgment of the court below, Defendant B and D are merely interpreted as having the nature of cancellation money in which one of the parties can cancel the contract after the buyer paid the down payment, and it is recognized that the buyer paid the down payment to the seller before the buyer pays the intermediate payment to the seller, and the buyer may waive the down payment and cancel the contract.

In other words, as long as Defendant B, the buyer, did not pay the said down payment, the seller and the buyer did not have any rights and obligations under the said contract. Therefore, it cannot be deemed that the seller and the seller have the right to claim the down payment against the Defendants.

Therefore, the plaintiff's claim based on the premise that D has a claim for the payment of down payment to the defendants is without merit.

4. Conclusion.