매매대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance citing the Plaintiff’s assertion is the same as the reasoning of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion as stated in the following 2.1.
2. Additional determination
A. The Plaintiff’s assertion: even if the instant sales contract was lawfully rescinded by the Defendant’s expression of intent to rescind, the damage suffered by the Defendant due to the rescission of the instant sales contract would be minor; thus, the down payment of KRW 100 million, which is determined as the estimated amount of damage compensation, should be reduced excessively.
B. In order for the court to reduce the estimated amount of damages to be unfairly excessive, it should be deemed that the payment of the estimated amount of damages would result in the loss of fairness by unfairly pressure on the debtor who is in the position of the economically weak, as a result of taking into account the economic status of the creditor and debtor, purpose and content of the contract, the scheduled amount of damages, the details and motive of the scheduled amount of damages, the ratio of the estimated amount of damages to the amount of debts, the expected amount of damages, the transaction practices at the time and economic conditions, etc. Furthermore, there is insufficient reason that the estimated amount of damages would result in the loss of fairness from the conclusion of the contract to the cancellation
(2) In light of the following circumstances, the court below’s determination of the amount equivalent to 10% of the sales price in a real estate sales contract as a down payment and the agreement to pay a penalty is a general transaction practice, which is, the following circumstances revealed by the evidence mentioned above, the statement in the evidence stated in subparagraph 6, and the purport of the entire pleadings. The amount of the down payment determined as the estimated amount of damages under the instant sales contract is equivalent to approximately 5% of the sales price, and is merely a half of the down payment amount in accordance with the general transaction practices, and the Defendant is the date of receipt of the remainder under the instant sales contract.