1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Basic Facts

The Plaintiff owns a 15,273m2 and 1,161m2 (hereinafter referred to as “instant land”) prior to Dosan-si, Gunsan-si.

On July 15, 2013, the Plaintiff sold the instant land to E, who was the representative director of the Defendant, for KRW 400,000,000,000, the Plaintiff paid KRW 40,000 as down payment, the intermediate payment of KRW 40,00,000 on July 19, 2013, and the intermediate payment of KRW 40,000 on October 18, 2013, and the remainder of KRW 320,00,00 by January 18, 2014.

(2) The Defendant or its representative director paid the Plaintiff the down payment amounting to KRW 40,000 and the intermediate payment amounting to KRW 40,000,000 according to the instant first sales contract.

According to the instant first sale and purchase contract, where E is unable to pay any balance on the date of the remainder agreement, E was the waiver of the down payment and the intermediate payment and waiver of all rights to the contract. However, E did not pay any balance on the date of the remainder payment as stipulated in the instant first sale and purchase contract.

On July 9, 2015, the Plaintiff and the Defendant concluded a new contract to sell the instant land in KRW 420,000,000 (hereinafter “instant secondary sales contract”).

The instant secondary sales contract did not separately specify the down payment and the intermediate payment, and the remainder payment was set on August 28, 2015 with the full payment as the remainder.

The second sale contract of this case states that "a contract for an existing sales contract shall be rescinded and a contract deposit and an intermediate payment shall be waived."

The Defendant did not pay any balance by August 28, 2015. On September 3, 2015, the Plaintiff and the Defendant concluded a contract under which the Plaintiff and the Defendant would trade the instant land in KRW 420,000,000, and would pay the balance by October 30, 2015 (hereinafter “instant first modified contract”).

The Plaintiff and the Defendant concluded the first modified contract of this case with the following special agreement.

5. If any balance is not paid on the balance date, separate.