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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The defendant of the purport of the claim shall make the plaintiff 500,000.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the plaintiff is as stated in the reasoning of the judgment of the court of first instance, except for the allegations added by the plaintiff in this court under Paragraph 2 below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Additional determination
A. Even in the case of cancellation of agreement on the gist of the Plaintiff’s assertion, the addition of interest from the date of receipt to the money to be returned pursuant to Article 548(2) of the Civil Act accords with the intent of the
Even if the instant contract was rescinded by agreement between the Plaintiff and the Defendant
Even if there is no special agreement to exempt interest, the defendant is obligated to pay to the plaintiff the sum of KRW 500 million of the down payment and the intermediate payment, plus the interest from December 28, 2017, on which the defendant received the intermediate payment.
B. Determination 1) The term “a contract for rescission or termination” means a new contract, regardless of whether the parties to the contract have the right to rescission, which stipulates that both parties to the contract shall terminate the validity of the existing contract by agreement and return it to the same state as that in which the contract had not been concluded at the beginning. The validity of the contract is determined by the agreement, and the provisions of Article 548(2) of the Civil Act concerning the rescission do not apply to the parties, so long as there is no agreement between them, there is no obligation to pay interest from the date of receipt of the money to be returned due to the agreement (see, e.g., Supreme Court Decisions 95Da16011, Jul. 30, 1996; 200Da536, 5343, Jan. 24, 2003). However, if the parties agreed to pay interest at the purchase price to be returned by the seller upon termination of the agreement, but did not agree otherwise with the Plaintiff, the legal interest rate under the Civil Act or the Commercial Act (see, May 28, 2009).