1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional determination as to the allegations emphasized or added by the plaintiff and the defendant in this court. Thus, they are cited as it is by the main text of Article

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion ① As to the money partially paid under the instant provisional contract, there is no explicit provision on penalty for breach of contract, and thus cannot be deemed as liquidated damages.

Therefore, all of the KRW 50,000 paid should be returned.

② Even if such determination is considered as liquidated damages, the Plaintiff should deposit KRW 300,000 as provisional contract amount within one month after the conclusion of the instant provisional contract, and if delay in the performance of the said obligation, the Plaintiff should refund the full amount of KRW 50,000,000 already paid provisional contract amount. However, the Defendant did not engage in any particular conduct to perform the instant provisional contract after the conclusion of the instant provisional contract, and as such, the said liquidated damages amount should be refunded because it was unfairly excessive.

B. The judgment of the court of first instance that held that Article 4 subparagraph 3 of the provisional contract of this case constitutes a penalty agreement, and that the aforementioned estimated amount should be reduced to KRW 30,00,000, because of the fact that in light of the overall circumstances, the above estimated amount should be unduly excessive is not accepted, and thus, the plaintiff's assertion

3. Defendant’s assertion and judgment

A. Defendant’s assertion (1) Article 4 subparag. 2 of the instant provisional contract provides that if the instant contract is not concluded due to a cause attributable to the Plaintiff, the provisional contract shall be automatically terminated, and the Plaintiff agrees to pay a penalty of KRW 300,000,000 to the Defendant.

Article 4(3) of the Civil Act provides that a penalty for breach of contract shall be deemed to fall under the liquidated damages clause, and the waiver clause that partially paid to the Defendant (hereinafter “the instant money”) shall be deemed to fall under the penalty clause, and the Defendant’s damage risk is incurred in the course of preparation for the conclusion of this contract.