계약금반환
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
1. The reasoning of the court's explanation concerning this case is as follows: the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for adding the following judgments to the six pages 14 of the judgment of the court of first instance; therefore, it is acceptable in accordance with Article 420 of the Civil Procedure Act
【Additional Statement: [This part of the Plaintiff’s argument that, even if the down payment that the Plaintiff paid to the Defendant by home constitutes a penalty for breach of contract, it is null and void because it is against the principle of trust and good faith or public order and good morals, and thus null and void. 1. “Terms and Conditions” refers to the content of the contract that one party to the contract prepared in advance to enter into the contract with several other parties regardless of its name or form or scope (Article 2 subparag. 1 of the Regulation of Terms and Conditions Act). The instant sales contract was prepared by forming a detailed contract clause with the Defendant by individual negotiation with the Defendant after obtaining the purchaser qualification, which does not constitute a standardized contract clause which is planned to make a uniform and repeated transaction with an unspecified majority. Thus, it is reasonable to view that this part of the Plaintiff’s argument is no longer reasonable to further examine, and it is determined to secure the performance of the obligation to pay for breach of contract, and thus, it differs from the content of the obligation to compensate for damages that is scheduled to be reduced in whole or in part from the obligee’s interest.