1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant implemented a new project for the supply of E hotel (hereinafter “instant hotel”) in Pyeongtaek-si D (Road Name-si J).

E hotel supply contract: The date scheduled to move into the E hotel in Pyeongtaek-si D: In supplying the above display property in August 2016 (the scheduled date to move into the E hotel may be changed according to the process, and if changed, then the seller (Defendant) shall enter into a supply contract with the seller (Defendant) as “A,” “B,” “B,” “K,” “A” a corporation which is a contractor, and “I” corporation which is an agent trust company as “fixed” as follows:

Article 1 (Supply Amount and Payment Method): F: 178,08,00 won (including value-added tax): 165,523,500 won (including value-added tax): 167,708,600 won (including value-added tax): the date when the contract is concluded, the date when the first intermediate payment (loan 10%) is designated, the second intermediate payment (loan 10%) is 10%), the third intermediate payment (Loan 10%) on March 20, 2015; 10% on May 20, 2015; 10% on April 20, 2015; 10% on July 20, 2015; 10% on September 20, 2015; 10% on September 20, 2015; 10% on June 10, 2015 (Loan 20% on June 16, 2015).

Article 4 (Penalty) (2) When this contract is terminated for reasons falling under Article 3 (3), "A" shall pay 10% of the total supply price to "B" as penalty.

(3) Where this contract is terminated, “A” shall refund to “B” the amount excluding the principal and interest on repayment at the time of payment of penalty or by subrogation, out of the amount paid by “B”, and where the amount of money already paid is insufficient to cover the principal and interest on loan, interest on substitute payment, and penalty for breach of contract, “B” shall separately pay the insufficient amount to “A”.

Article 5 (Resale of Ownership) (2) Sale of ownership.