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(영문) 광주지방법원 2018.12.21 2018나1304

약정금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, except for the defendant’s additional argument as to this case.

2. The Defendant’s additional determination is that KRW 30,00,000 out of KRW 60,000 that the Plaintiff received from the Plaintiff is a contract deposit and the remainder of KRW 30,000,000 is part of the contract deposit. Thus, Article 5(7) of the instant sales contract provides that “If the work (the preparation of a contract for the entire landowner’s sales contract) is no longer done within the effective date due to the non-cooperation of other landowners within the project site, the agreed amount received shall be immediately refunded to the Plaintiff.”

Even according to the above, it asserts that 30,000,000 won of the down payment, not the contract deposit, does not have the obligation to return to the plaintiff.

However, it is reasonable to view that the sum of KRW 60,00,000 paid by the Plaintiff to the Defendant is the agreed amount of the instant sales contract in light of the following: (a) the time for paying the down payment under the instant sales contract, namely, “the time of completion of 100% of the sales contract for the business site”; (b) there is no circumstance for the Plaintiff to pay part of the down payment to the Defendant even if the said time has not arrived; (c) the certificate of remittance of KRW 60,00,000, was indicated as “C agreed money”; and (d) the Defendant did not make such assertion in the first instance trial.

Therefore, the defendant's above assertion is without merit.

3. The plaintiff's claim against the defendant should be accepted as reasonable.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.