1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 21, 2014, the Plaintiff and the Defendant concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

(1) A lessor: A lessor: A lessee of Pyeongtaek-si. (3) A lessee: A deposit: KRW 600 million (payment of KRW 30 million in the contract amount and KRW 570 million in the remainder):

(7) A special agreement: A lease agreement is concluded at the time a bank loan reaches 2.4 billion won until October 30, 190, and shall terminate all 13 cases of provisional attachment and mortgage on a certified copy of the register.

30 million won of down payment is kept in the brokerage company and deposited to the lessor at the time of loan occurrence.

B. The Plaintiff paid 30 million won to the Defendant via the broker on the day of the contract pursuant to the instant lease agreement.

However, on December 14, 2014, the Defendant notified the termination of the contract verbally and remitted KRW 30 million to the Plaintiff on December 14, 2014.

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

2. Judgment on the plaintiff's assertion

A. According to Article 6 of the instant lease agreement by the Plaintiff’s assertion, the lessor is entitled to reimburse the amount of the down payment and rescind the contract before the intermediate payment or the remainder payment is made.

However, the Defendant paid the Plaintiff the down payment of KRW 30 million.

The defendant is obligated to pay to the plaintiff the penalty of KRW 30 million.

B. We examine the judgment. The provision of the instant lease contract, which the Plaintiff pointed out, is an agreement on the cancellation of the contract, and is not an agreement on the penalty for breach of the contract to compensate for damages in advance.

Pursuant to the above provision, penalty shall be paid.