계약금반환청구
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. On October 13, 2016, the Plaintiff entered into a sales agency contract with the Defendants on behalf of the Defendants, purchased KRW 120,980,000 for the purchase price of KRW 120,980,00 for the F building G in Seongbuk-gu, Seongbuk-gu, Seoul. The Plaintiff agreed to pay KRW 4,208,00 for the intermediate payment, KRW 7,890,00 for the intermediate payment, and KRW 108,82,00 for the remainder on October 20, 2016. On the same day, the Defendants paid KRW 4,208,00 for the down payment and KRW 7,890,00 for the intermediate payment on October 20, 2016.
B. On November 1, 2016, between E and E, the Plaintiff entered into a sales agency contract with the Defendants, purchased at KRW 120,980,00 the F building H (hereinafter collectively referred to as the “instant real estate”), and agreed to pay KRW 12,098,00 on the same day and the remainder amount to KRW 12,82,000 on the designated date. On the same day, the Plaintiff paid KRW 12,098,000 as the down payment to the Defendants on the same day.
(hereinafter referred to as “instant parcelling-out contract” by adding the above parcelling-out contract.
The Plaintiff received the remainder of the instant sales contract and intended to pay it to the Defendants, but the said loan was not implemented.
On March 24, 2017, the Plaintiff sent to the Defendants a certificate of content that the Plaintiff sought the refund of the down payment of the instant sales contract, on the grounds that: (a) the Managing Director I lent 70% of the sales price to the Defendants at an annual interest rate of 3.5%; (b) however, this did not have been performed; and (c) accordingly, the Plaintiff issued
(A) No. 3, e.
On April 5, 2017, the Defendants sent to the Plaintiff a certificate of the content that the instant sales contract will be cancelled and the down payment would be confiscated, on the grounds that the Plaintiff did not either guarantee or inform the Plaintiff that the Plaintiff would have secured a maximum of 70% of the sales price at an annual rate of 3.5% loans at an annual rate of 3.5%.
(A) 1. [Evidence 1] / 3. 5. 6 of the absence of dispute, each entry in Gap's Evidence 1, 3, 5, 6, Eul's Evidence 1 (including additional number), and the purport of the whole pleadings
2. The assertion and judgment
(a) argument 1.