계약금반환
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. Basic facts
A. On August 4, 2014, the Plaintiff entered into a real estate sales contract with the co-defendant A (hereinafter “A”) and paid KRW 200,000,000 as the down payment to A on the same day, with the content that he/she purchases (a) the land and ground buildings in Daegu-gu, Daegu-gu (hereinafter “A”) owned by A for KRW 3,965,00,000 (hereinafter “the instant provisional contract”).
At the time of the instant provisional contract, the Plaintiff and A entered into this contract with the competent authority’s approval of disposition until August 31, 2014, and the money paid as down payment was agreed to be returned to the Plaintiff within five days when the instant provisional contract is terminated.
B. On September 5, 2014, the Plaintiff and A agreed that the term of validity of the instant provisional contract extended by September 30, 2014, and that the Defendant’s return of the down payment paid under the instant provisional contract is jointly and severally guaranteed, and that the establishment registration of a neighboring mortgage (hereinafter “establishment registration of a neighboring site”) was completed with respect to D land and building owned by the Defendant on the security.
(hereinafter referred to as “instant First Agreement”). (c)
On September 30, 2014, the Plaintiff and A terminated the instant provisional contract.
On September 30, 2014, the Defendant and A made a letter of commitment to pay interest (No. 4-2, hereinafter “instant letter of commitment”) stating that the Plaintiff shall pay 200,000,000 won of the down payment of the instant provisional contract to the Plaintiff until October 14, 2014, and that the Defendant shall pay interest at a rate of 20% per annum from October 1, 2014 to the date of full payment of the said money.
Afterward, while the Defendant and A did not perform their obligations under the instant payment undertaking, the Plaintiff and A transferred KRW 180,000,000 per annum to the Plaintiff on June 19, 2015, and ② if A transferred the Plaintiff’s claim amounting to KRW 20,000,000 per annum to the Plaintiff by June 26, 2015, the effect of full repayment of the instant provisional contract arises immediately (the Defendant will be treated in company with E and the Plaintiff), and ③ the Plaintiff receives KRW 180,00,000 from A.