계약금반환
1. The Defendant shall pay to the Plaintiff KRW 53,00,000 and the interest rate of KRW 15% per annum from August 10, 2016 to the day of complete payment.
In full view of the purport of the argument in the evidence Nos. 1, 2-1, 3, and 4, the Plaintiff entered into a sales contract with the Defendant on February 29, 2016 to purchase KRW 50,000 (29,000,000 for the contract deposit, the remainder of KRW 21,000,000 for the contract deposit, and the remainder of KRW 20,000 for the contract deposit) with the Defendant on April 20, 2016 (hereinafter “instant sales contract”). ② Unless otherwise agreed on the amount of compensation for damages at the time of the instant sales contract, the Plaintiff may return the contract deposit to the Defendant on April 29, 2016, as the Plaintiff already paid the contract deposit to the Defendant on April 20, 201. < Amended by Presidential Decree No. 17520, Apr. 29, 2016>
In light of the above facts, the sales contract of this case is deemed to have been rescinded by the defendant's cause attributable to the defendant, and it is reasonable to view that the special contract of this case, which provides the basis of compensation for the down payment, has the nature of liquidated damages. Thus, the defendant is obligated to pay to the plaintiff the plaintiff the liquidated damages of 53,000,000 won (i.e., liquidated damages of 29,000,000 won for liquidated damages of 29,000 won for the down payment - 5,000,000 won for the amount already paid) and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 10, 2016 to the date of full payment.
Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.