위약금등
1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit constituting the money that orders additional payments below.
1. After remanding the case, the plaintiff filed a claim for the payment of the penalty and the amount equivalent to the interest on loans of intermediate payments and the amount of delay damages for the cancellation of the sales contract at the principal lawsuit, and the defendant filed a claim for reimbursement of KRW 53,705,646 in total, including the amount equivalent to the penalty and the interest on the extension of intermediate payments following the cancellation of the sales contract. The defendant filed a claim for reimbursement of KRW 45,314,548, and its delay damages due to the cancellation of the sales contract by counterclaim. The court of first instance partly accepted the plaintiff's claim, dismissed the defendant's claim for counterclaim, and appealed against the judgment of the first instance court, and dismissed all appeals against the plaintiff's principal lawsuit and the defendant's principal lawsuit and the judgment of the first instance court prior to remand. The Supreme Court appealed against the judgment of the first instance court prior to remand and remanded to this court and dismissed the defendant's appeal is clear by record.
Therefore, the scope of this Court's trial after remand is limited to the part destroyed and remanded, that is, the part against the plaintiff on the principal lawsuit.
2. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the part of "claim against the plaintiff by the defendant" of No. 9 of the judgment of the court of first instance, No. 13 of the judgment of the court of first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.
3. As seen earlier, “B. Claim 1) The Defendant’s obligation to return the instant contract deposit to the Plaintiff was lawfully rescinded. As such, the Plaintiff is obligated to return the down payment 29,390,000 won that the Defendant received from the Defendant as a result of the rescission of the contract.
2) The Defendant asserts that interest on down payment and intermediate payment should be paid to the Defendant, on the date of receipt by the Plaintiff of the total amount of down payment and intermediate payment already paid to the Defendant pursuant to Article 3(3) of the instant sales contract.