약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant of the claim shall claim against the plaintiff A and the plaintiff A 28.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the fact that the defendant, as the main reason for appeal, determines in paragraph (2) as to the matters alleged by the court of first instance, and thus, it shall be cited as it includes the summary thereof
2. Additional determination as to the main grounds for appeal
A. The summary of the defendant's assertion (1) is that the down payment paid by the plaintiffs is only 5% of the sales price, and that the down payment is deposited and the down payment is refunded the fee of 5 million won immediately through the exercise of the horse sales unit. The plaintiffs did not actually sell the apartment of this case with the intention of residence, but did not falsely sell the apartment of this case for the purpose of receiving five million won of the sales commission.
Therefore, 5% of the sales contract that the plaintiffs paid cannot be claimed as illegal consideration.
(2) Even if the plaintiffs are entitled to receive the refund of the sales contract, the plaintiffs received the sales fee of 5 million won each from the defendant, and thus, the plaintiffs should deduct 5 million won from the amount to be refunded.
B. The facts below may be found to be either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence and Eul evidence Nos. 14 to 17, and Eul evidence No. 3.
① The chairman promised to S., K, etc. that the Defendant’s decision-making authority was acting as an agent for the instant apartment to pay the sales commission of KRW 4 million to the first 41 households of the instant apartment units, and to pay the additional KRW 5 million if a loan is made later.
② When concluding a sales contract with the Defendant, the Plaintiffs enter into the first contractor’s special agreement stating that “The contract deposit shall be returned even after the termination of the contract after the future and shall not be liable for any damages as to the interest accrued on an intermediate payment and interest loan.”