1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On July 21, 2017, the Plaintiff entered into a contract with C (hereinafter “Nonindicted Company”) under which he/she wishes to engage in the following business by leasing a part of the well-beingD located in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant contract”). On the same day, the Plaintiff paid the down payment of KRW 80 million to the Defendant.

B. After October 2017, Nonparty Company requested the Plaintiff to cancel the instant contract due to the pertinent company’s circumstances. On October 1, 2017, Nonparty Company remitted the down payment of KRW 80 million and penalty KRW 20 million to the Plaintiff’s account in the name of the Plaintiff and KRW 100 million in total.

C. On the other hand, on October 12, 2017, the Defendant, the technical representative of E Co., Ltd. in charge of the foregoing shooting and internal interior interior interior interior interior, prepared and delivered a cash custody certificate (the Defendant’s signature) as follows to the Plaintiff (hereinafter “instant cash custody certificate”): the Plaintiff’s daily cash custody certificate: Lee Won-won (Won 20,000,000) promised to refund the said amount to the said Plaintiff by October 30, 2017.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, and 5's evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion 1) The non-party company and the defendant requested the rescission of the contract of this case. The non-party company and the defendant agreed to pay the non-party company a down payment of KRW 80 million and penalty of KRW 20 million and the defendant a penalty of KRW 20 million, respectively. The defendant also prepared and executed the cash custody certificate of this case in the sense that the non-party company should pay a penalty of KRW 20 million separately from the non-party company. Therefore, the defendant is liable to pay the plaintiff a penalty of KRW 20 million and damages for delay in accordance with the cash custody certificate of this case. 2) The defendant asserted that the defendant is liable to pay the non-party company a penalty of KRW 20 million to the plaintiff.