1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. The plaintiff's assertion

A. On June 20, 2014, the Defendant’s employees C requested the Plaintiff to deposit the down payment of KRW 10 million with the Plaintiff’s account designated by the Defendant while proposing the lease of part of the building D (hereinafter “instant building”) owned by the Defendant. The Plaintiff deposited KRW 10 million into the account designated by the Defendant.

However, because the premium problem claimed by the previous lessee is not solved, the lease contract between the plaintiff and the defendant was not concluded.

B. Even if the establishment of the above lease agreement is recognized, the Plaintiff stated to C that “Other than the promise, the previous lessee demands the Plaintiff to pay KRW 20 million,” and C gave up the Plaintiff the conclusion of the lease agreement, so the above lease agreement was rescinded by mutual agreement. However, C, representing the Defendant, promised that “The Plaintiff shall bear KRW 20 million for the premium claimed by the previous lessee,” but the said agreement was rescinded due to the failure to implement the above agreement, and thus, the said lease was rescinded by the Defendant’s fault.”

C. Therefore, the Defendant is obligated to pay to the Plaintiff the down payment of KRW 10 million and damages for delay received from the Plaintiff.

Preliminaryly, even if the above lease contract was rescinded on the ground of the Plaintiff’s liability, the lease contract amount of KRW 10,000,000,000, which is determined as a penalty for breach of contract under the lease contract, shall be deemed as the liquidated damages, and the estimated amount

2. Determination

A. The facts following the facts of recognition do not conflict between the parties, or can be recognized in full view of Gap evidence (including a serial number; hereinafter the same shall apply) to 3, 7, Eul evidence to 1 to 5, and the whole purport of the pleadings.