1. The plaintiff's claim is dismissed.

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

1. On January 31, 2018, the Plaintiff’s summary of the Plaintiff’s assertion entered into a sales contract with the Defendant to purchase Guro-gu Seoul Metropolitan Government D and E (hereinafter “instant apartment”) at KRW 720 million, through a licensed real estate agent assistant C, and determined that KRW 10 million, out of the down payment of KRW 72 million, on the date of the contract, the remainder of the down payment is KRW 62 million on the date of the contract, and on February 2, 2018, the remainder of the down payment is KRW 648 million on April 6, 2018, and each sales contract is written only on February 2, 2018.

On January 31, 2018, the Plaintiff paid 10 million won out of the down payment to the Defendant. On February 1, 2018, the Plaintiff sent the intent to reverse the said down payment to the Plaintiff via C.

Accordingly, the Plaintiff urged the Defendant to pay the total sum of KRW 82 million for the penalty equivalent to the down payment of KRW 10 million and the down payment of KRW 72 million under the sales contract. However, on February 13, 2018, the Defendant did not pay the remainder of KRW 72 million after returning the down payment paid by the Plaintiff on February 13, 2018.

Therefore, the defendant is obligated to pay to the plaintiff 72 million won and damages for delay equivalent to the down payment as a penalty following the cancellation of the sales contract in this case.

2. Determination

A. In order for a contract to be concluded, the parties’ agreement is required to be reached, and such agreement is not required with respect to all matters forming the content of the contract in question, but there is a specific agreement with respect to its essential elements or important matters, or at least an agreement with respect to standards and methods that can specify them in the future. On the other hand, in a case where there is no agreement with the parties on matters that the agreement should be reached, it is reasonable to deem that the contract has not been concluded

B. (See, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001).

Modern, A, 1.