2...

In addition, the reasons why the parties' arguments are stated are the same as the corresponding part of the judgment of the court of first instance (from No. 2 to No. 510), and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Judgment

Article 398(4) of the Civil Act provides that “The first and second down payment: 50 million won shall be paid as penalty to the defendant when the plaintiff failed to perform his/her obligation to the defendant,” and Article 398(2) provides that “The down payment paid to the defendant shall be paid as penalty to the defendant when the plaintiff failed to perform his/her obligation to the defendant.” Thus, the down payment shall be presumed to be liquidated damages, and the evidence submitted by the plaintiff alone is insufficient.

Therefore, if the contract of this case is terminated due to the plaintiff's cause, the defendant can acquire 50 million won as compensation for damages.

Although the Plaintiff asserts that the contract of this case was cancelled due to the Defendant’s fault, the Defendant should return the down payment. However, the evidence submitted by the Plaintiff alone is insufficient to accept it. Rather, in full view of the purport of the entire argument in the statement in No. 2, it appears that the contract of this case was unable to be performed due to the Plaintiff’s personal reason, barring any special circumstance, the above KRW 50 million shall belong to the Defendant, barring special circumstance

(A) The Plaintiff asserts that the Defendant agreed to return KRW 50 million in the process of cancelling the instant contract. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it). According to Article 398(2) of the Civil Act to reduce the estimated amount of damages, where the estimated amount of damages is unreasonably excessive, the court may ex officio reduce it.

Here, “unfairly excessive cases” means both the status of the obligee and the obligor, the purpose and content of the contract, and the motive for determining the amount of damages.