위약금
1. The defendant shall pay 34,391 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
. As shown in the Plaintiff’s assertion, the Defendant asserted that Gap’s evidence Nos. 6 (the instant sales contract; hereinafter “this case’s evidence”) was forged on the evidence of this case. On the third side of the evidence of this case, the Defendant printed the defendant’s seal on the evidence of this case “Seoul City, Gangnam-gu, Seoul, Seoul, 306 Kypt Co., Ltd. E, Ltd., Korea Asset Trust Co., Ltd.” and affixed the defendant’s seal on the next side.
F However, according to the statement Eul evidence No. 6, the fact-finding results and the purport of the whole pleadings against the branch office of the Sungnam-si Office of this Court, the seal imprint of the defendant corporate body, which was used at the time of the preparation of the sales contract of the building of this case, is as follows. The defendant's seal on the evidence of this case, compared with the seal imprint of the defendant corporate body, is different from the body of the "representative director" and "Korea Asset Trust Co., Ltd.", and in particular, there is an indication "*" rather than the indication "V" on the side of the "Korea Asset Trust Co., Ltd.".
Therefore, it is reasonable to view that the Defendant’s seal imprint on the evidence of this case is not affixed with the Defendant’s corporate seal imprint, and it cannot be used as evidence, and it is difficult to recognize that the Plaintiff and the Defendant entered into an effective sales contract with respect to No. 7 and No. 108 of the building of this case.
B. As seen earlier, insofar as a valid sales contract as to subparagraph 308 of the building of this case was not concluded between the Plaintiff and the Defendant, 20,921,547 won, which was paid by the Plaintiff to the Defendant, is deemed as unjust enrichment by the Defendant. Thus, the Defendant is obligated to return KRW 20,921,547 to the Plaintiff, and according to the purport of the statement and argument in subparagraph 7, the Defendant deposited KRW 20,921,547 for the Plaintiff on February 21, 2017.