이자대납금반환등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the judgment of the defendant as to the argument at the trial of the court of first instance to the following, and thus, it is acceptable to accept the argument by applying the main text of Article 420 of the Civil Procedure Act.
2. As to the assertion made at the trial
A. It does not clearly state that the sales contract of this case does not include 10% of the total supply price subject to forfeiture as the down payment.
Since the meaning of the terms and conditions is not clear and should be interpreted favorably to the defendant who is the customer, the penalty should be deducted from the sixth intermediate payment, not the down payment.
B. 1) Determination 1) The sales contract of this case includes 10% of the total supply price subject to forfeiture as penalty in the sales contract of this case (10% of the sales price) and the amount of the down payment (10% of the sales price). 2) In the event that the sales contract of this case is cancelled, the Plaintiff may reimburse the principal and interest of the buyer’s loan to the financial institution instead of the buyer’s loan and return the remaining amount to the buyer (Article 4(3). The settlement between the Plaintiff and the financial institution for the principal and interest of the part payment loan can be made (Article 4(3). The interpretation that the intermediate payment is confiscated does not comply with the purport of Article 4(3) of the sales
3. Therefore, it is reasonable to regard the price subject to the deduction of penalty in the sales contract of this case as the down payment as the contract deposit in consideration of the average customer's possibility of understanding. Therefore, the above assertion is without merit.
3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as without merit, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.