계약금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The summary of the grounds for appeal and the defendant reached an agreement on the extension of the remaining payment date on June 25, 2015 through the broker E with full intention to extend the remainder payment date three weeks from June 25, 2015. After that agreement was reached on the extension of the payment date. After that agreement was reached on June 25, 2015, the plaintiff mentioned that the defendant would be paid an intermediate payment of KRW 45 million from E on June 25, 2015, but the plaintiff did not hear the response. As long as the agreement on the extension of the payment date of the remainder is valid, the defendant is obligated to pay to the plaintiff the sum of the down payment and the damages for delay with the total sum of KRW 30 million and the damages for delay.
Even if such agreement on extension of the remainder date is not effective, the Plaintiff and the Defendant agreed to return the down payment of KRW 15 million on June 23, 2015 and cancel the sales contract, and the Defendant’s notification of termination to confiscate the down payment unilaterally thereafter is no longer effective contrary to the agreement cancellation that was concluded earlier. Therefore, the Plaintiff and the Defendant seek for the payment of the down payment of KRW 15 million and the delay damages that the said agreement had to be returned pursuant to the said agreement.
2. As a result of examining the plaintiff's grounds for appeal and the evidence submitted in the first and second trials, the court's reasoning of the first instance judgment is as follows: "35,00,000 won" of the second and second trials of the first instance judgment as "35,00,000 won"; "2. argument and judgment" of the second and second trials as "2. concerning the primary causes for appeal"; "The evidence 5-1 and 2 of the first evidence 5-2" of the second and second acts as "the evidence 5-1 and 5-2 and the witness E's testimony of the first and second trials"; "The purpose of the second evidence 5-1, 200" of the third and third acts as "the whole entries and arguments of the second evidence 5-5 are stated in the evidence 5, the purport of the second witness E and witness E"; "the purport of the second and third acts as evidence 4 of the first instance trial as well as the purport of the whole testimony and arguments of the second and third parties E."