계약금반환 청구의소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the first instance except for the dismissal as set forth in the following 2.3. part of the reasoning for the judgment of the first instance, including the decision on a new argument by the defendant in the trial. Thus, this part of the reasoning for the judgment of the first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Part 3. Judgment on the defendant's argument
A. The summary of the Defendant’s assertion is that “a contract deposit is made at the same time before the bank closed on September 4, 2015” under Article 6 of the Special Terms and Conditions for the instant sales contract. However, since the Plaintiff deposited only KRW 40,00,000, which is a part of the down payment on September 4, 2015, the instant sales contract was not concluded.
In addition, the instant sales contract does not take effect before the Plaintiff deposits the down payment in full in accordance with the foregoing special agreement, and the Defendant legitimately expressed his intent to withdraw the instant sales contract (approval for the conclusion of the contract) to C and the Plaintiff on September 5, 2015 before the Plaintiff deposits the remainder down payment of KRW 40,000,000,000. In this regard, the instant sales contract cannot be deemed to have been concluded.
The establishment of the instant sales contract shall be determined on the basis of the defendant's intention, and it shall not be determined on the basis of C's intention.
Furthermore, even if the instant sales contract was concluded, the Plaintiff did not pay KRW 40,000,000 out of the down payment of KRW 80,000,000, which was agreed to pay on the date of the contract, as agreed, and the Defendant rescinded the instant sales contract due to the Plaintiff’s nonperformance of obligation.
As such, since the sales contract of this case was cancelled due to the cause of the plaintiff, the defendant is not obligated to respond to the plaintiff'
B. The evidence mentioned above 1 as well as the witness C’s testimony and the purport of the entire pleadings.