계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the case where the defendant additionally determines as to the assertion added by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
However, in the first instance judgment, " August 31, 2016" in the third sentence shall be amended respectively to " August 31, 2013."
2. Additional determination
A. The Defendant’s primary assertion 1) The Plaintiff’s assertion was insufficient to recognize that the Plaintiff expressed his intent to cancel the contract when he renounced the down payment of this case on November 201, 2014, and cancelled the sales contract for each of the instant real estate. As such, the Plaintiff cannot seek payment of KRW 50,000,000, which corresponds to the Defendant’s assertion. 2) The Defendant’s assertion is insufficient to recognize that the Plaintiff expressed his intention to cancel the contract when he renounced the down payment of this case, and there is no other evidence to prove otherwise.
Therefore, we cannot accept the defendant's main argument.
B. The Defendant’s conjunctive assertion 1) Even if the Plaintiff did not cancel the contract with the Defendant on the condition that he renounces down payment for each of the instant real estate, the sales contract for each of the instant real estate was cancelled due to the Plaintiff’s nonperformance of the obligation to pay the remainder, and the Plaintiff is liable to compensate for the amount of damages actually incurred to the Defendant. Therefore, the Plaintiff is liable to compensate for damages equivalent to KRW 400,000 for the Defendant’s damages incurred to the Defendant (i) due to nonperformance of the obligation or tort, and (ii) the total damages equivalent to the difference between the real estate and the sales price for each of the instant real estate, as well as KRW 347,177,380 [347,177,380 for the damages equivalent to the interest on the difference of the principal [341,470,611 for the purchase price for each of the instant real estate [826,75,279,389 won for each of the instant real estate] or KRW 202,97,4666