The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On December 9, 2018, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the terms that the Plaintiff purchases the Category D D Building E (hereinafter “instant officetel”) from the Defendants for KRW 300 million in Ansan-si (hereinafter “instant officetel”).

B. The main contents of the instant sales contract are as follows.

5 million won of down payment shall be paid in March 30, 2019 in an amount of KRW 15 million for the second contract payment on November 29, 2018, and KRW 280 million for the remainder on February 11, 2019, and KRW 280 million for the remainder on March 30, 2019.

Article 4. Loans can be somewhat increased according to the bank circumstances.

Article 5 This Agreement may be rescinded before the payment of the intermediate payment (if there is no intermediate payment agreement, the balance). In such cases, if the seller cancels the contract, he/she shall refund twice the down payment to the buyer, and the buyer may cancel the contract by giving up the down payment.

Special Agreement Matters:

2. To return the down payment at the time when the loan is not in progress;

C. On November 29, 2018, the Plaintiff paid a down payment of KRW 5 million to the Defendants.

Before filing the instant lawsuit, the Plaintiff sent to the Defendants a written notification stating that “The Defendant could not continue the instant sales contract by presenting a loan interest rate higher than the agreed interest rate at the time of the instant lawsuit, and thus, sought the cancellation of the instant sales contract and the return of the already paid down payment.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the time of the Plaintiff’s assertion, the Defendants promised to offer a loan with interest of KRW 3.5% per annum on KRW 200 million, and a loan with interest of KRW 20 million per annum on KRW 4.5% per annum to the Plaintiff’s name. After the instant contract was concluded, the Defendants violated the agreement with the Plaintiff by presenting the said loan interest rate of KRW 3.9%, and the credit loan interest rate of KRW 5.6% as modified to KRW 3.9%.

The Defendants breached their obligations under the instant sales contract.