약정금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On September 5, 2015, Plaintiff A entered into a contract with the Defendant on behalf of Plaintiff B, who is his/her father, to newly construct and sell an apartment house on the D Specialized 1390 square meters (hereinafter “instant land”) at Jeju Island owned by Plaintiff B (hereinafter “instant contract”), and its main contents are as follows.
1. The plaintiff B shall invest the land in the present state, and the defendant shall, after completion, provide the 6,7th floor of the present design operation for the investment in kind.
3. The defendant against the plaintiff B
5.3 million won shall be remitted as provisional contract money, and 2.7 million won shall be remitted;
9.15. Transfer to 15.
The contract shall be terminated automatically at the time of violation.
Provided, That if the completion of construction orders the plaintiff B to return the building, 3 million won shall be returned to the defendant (hereinafter omitted).
6. The commencement shall be carried out within three months after the completion of the licence, the contract for the non-execution shall be terminated at the time of the commencement, and the down payment and advance payment shall be owned by the plaintiff B.
9. When the Defendant violated the above 1. to 8., the contract is terminated, and both the down payment and the funds and the proceeds required are owned by the Plaintiff B.
10. The Plaintiff B compensates for the two times the down payment and the money paid when the contract is breached.
On September 5, 2015, the Defendant paid KRW 3 million as stipulated in the instant contract to Plaintiff B on September 5, 2015, but did not pay the remainder down payment of KRW 2.7 million until September 15, 2015.
[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiffs’ assertion argues that the Plaintiffs did not pay the remainder down payment of KRW 2.7 million to the Plaintiff until September 15, 2015, as well as that of the instant contract that the Defendant did not commence within three months from September 24, 2015, and that the Defendant should pay the unpaid down payment of KRW 2.7 million to the Plaintiff.
B. (1) First, we examine the Plaintiff’s claim, and Plaintiff A entered into the instant contract with the Defendant in the Plaintiff’s agent capacity.