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 May 30, 2013, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 290 million (a contract amounting to KRW 30 million on June 15, 2013, an intermediate payment of KRW 50 million, and a balance of KRW 210 million on July 31, 2013) (hereinafter “instant sales contract”).

B. On May 25, 2013, the Plaintiff paid the Defendant a sum of KRW 30 million, which is KRW 10 million and KRW 20 million on May 30, 2013, as down payment. On June 17, 2013, the Plaintiff paid part of the intermediate payment KRW 48 million.

C. The Defendant’s husband’s account through her husband D’s account to KRW 10 million on February 15, 2014, and the same year

3.3.10 million won, and on March 11, 2014, a total of KRW 25 million was returned. D.

On the other hand, Article 6 (Non-performance of Obligations and Compensation for Damages) of the sales contract of this case provides that "a party to a contract may claim damages from the other party according to the rescission of contract and, unless otherwise agreed, shall be deemed as compensation for damages

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The parties' assertion

A. On July 2013, the instant sales contract was rescinded between the Plaintiff’s husband G and the Defendant’s husband D, who represented the Plaintiff by the Plaintiff, and the Defendant’s husband D, on behalf of the Defendant. However, the Defendant agreed to return to the Plaintiff within six months, KRW 78 million, which the Defendant received from the Plaintiff as the sales price.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 53 million, which was not returned (i.e., KRW 78 million - KRW 25 million) and damages for delay.

B. The instant sales contract was rescinded by the Plaintiff’s delayed payment of some part of the intermediate payment and the remainder. The Plaintiff and the Defendant, around February 2014, confiscated the contract amount of KRW 30 million, and taking into account the Defendant’s damages, 2.0 million out of the intermediate payment of KRW 48 million.