위약금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the purport of the argument as to the statement in Gap evidence No. 1, the plaintiff entered into a contract with Eul, which is the defendant's agent on May 10, 2014, with the purport that the plaintiff would sell the plaintiff's purchase price of KRW 250,500,000,000 among the plaintiff's government-si D apartment 103 Dong 1601 (hereinafter "the apartment of this case") to the defendant. The contract amount of KRW 25,500,000,000 as a special contract is to be transferred to the plaintiff's account as of May 12, 2014 as of the contract date. The contract amount is terminated, the seller has the right to claim the down payment, and the buyer has the payment angle, and C signed the contract amount as the defendant's agent, and signed the contract of this case as the buyer's agent, and affixed his seal to the defendant's column.
2. The parties' assertion
A. On May 9, 2014, the Plaintiff’s assertion and C are married couple, and the Plaintiff left the instant apartment as a representative of the Defendant. On the following day, C concluded the instant sales contract as a proxy of the Defendant. Even if the Defendant conferred the right of representation to conclude the sales contract to C, the Defendant granted C the basic right to representation for the loan under the name of the Defendant, and there is justifiable reason for C to believe that C had the right of representation to conclude the sales contract. Thus, the Defendant is liable under the instant sales contract in accordance with the legal doctrine as an expression agent, and the Defendant did not pay the down payment to the Plaintiff on May 12, 2014. Since the Plaintiff rescinded the instant sales contract, the Defendant is obligated to pay the Plaintiff the down payment equivalent to the down payment as a penalty in accordance with the terms and conditions of the instant sales contract.
(b).