매매대금반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the court revises the “Plaintiffs” to the “Plaintiffs”; and (b) the “trade price” to the “trade price” to the “trade price” to the “Plaintiffs”; and (c) the Plaintiffs’ assertion to add a new one to this court is as indicated in the reasoning of the judgment of the court of first instance, except for the determination as described in the following (2). As such, it is cited by the main text of Article 420 of the
2. Additional determination
A. Even if the instant sales contract was rescinded on the ground of the plaintiffs' non-performance of obligation, and the down payment that the plaintiffs paid to the defendant belongs to the defendant as compensation for damages pursuant to Article 6 of the instant sales contract, 97,000,000 won of the down payment agreed upon as penalty under the instant sales contract shall be reduced excessively in accordance with Article 398(2) of the Civil Act, and thus, the amount to be reduced shall be returned
B. The determination of the amount of damages under Article 398 of the Civil Act provides that the purpose of determining the amount of damages is to reduce the occurrence of damages and prevent the occurrence of disputes in advance, thereby easily resolving legal relations. In a case where the amount of damages is scheduled at the time of a contract, as well as ordinary damages incurred due to nonperformance, and special damages are included in the estimated amount of damages and the creditor’s damages exceed the estimated amount of damages, unless otherwise stipulated.
Even if the excess is not separately claimed, it shall not be separately claimed.
In addition, if the estimated amount of damages is unreasonably excessive, the court may reduce it ex officio without the parties' arguments. Here, the term "unfairly excessive cases" refers to all the circumstances, such as the obligee and obligor's status, purpose and content of the contract, motive behind the liquidated amount of damages, the ratio of the estimated amount of damages to the obligation, the estimated amount of damages, the size of the expected amount of damages, transaction practices and economic conditions.