1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 3, 2018, the Plaintiff entered into a contract with the Defendant to lease part of one floor (hereinafter “instant lease contract”) of the building on land outside C and two parcels owned by the Defendant for the purpose of operating a pharmacy (hereinafter “instant store”). At the time, the Plaintiff paid the down payment of KRW 10 million to the Defendant, and the main contents are as follows.

The lease deposit amount of KRW 100 million (the contract deposit of KRW 10 million is paid at the time of the contract) / The delivery date of KRW 4 million per month and the remainder payment date: [Cancellation of the contract] Article 6 [Cancellation] of the Act on February 7, 2018 before the lessee pays part payments to the lessor, the lessor shall reimburse the amount equal to the down payment, and the lessee may waive the down payment and rescind this contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In such cases, the parties to the contract may claim damages against the other party due to the cancellation of contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. It shall be leased to a pharmacy after an on-site inspection at the present facility;

B. On February 7, 2018, the Plaintiff requested postponement of the remainder payment to the Defendant, who was not confined by the hospital in the above building, and paid KRW 20 million, which is part of the deposit for lease, under the condition that the Plaintiff did not occupy the instant store with the Defendant’s consent.

C. On March 11, 2018, the Defendant notified the Plaintiff of the purport to cancel the instant lease agreement if the remainder is not paid by the following day, and the Plaintiff responded to the Defendant that “if the Defendant wishes to maintain the instant lease by the time of hospital shop occupants, he/she has the intent to waive the down payment of KRW 10 million and cancel the lease agreement if he/she did not consent thereto.”

3.