1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 31, 2013, the Plaintiff entered into a sales contract with the Defendant, which provides that the purchase price shall be KRW 150 million (hereinafter referred to as “instant real estate”) of the 5th floor C5, Gyeyang-gu, Gyeyang-gu (hereinafter referred to as “instant real estate”) owned by the Defendant, and the down payment shall be paid KRW 3 million on the date of the contract; the second down payment shall be paid KRW 4 million on November 15, 2013; and the remainder shall be paid KRW 143 million on November 30, 2013 (hereinafter referred to as “instant sales contract”); on the same day, the Plaintiff paid the down payment to the Defendant on the same day.

B. According to the instant sales contract, the Plaintiff obtained a loan of KRW 130 million out of the purchase price of the instant real estate as collateral and paid it in the balance including the balance. In the event that a loan is impossible, the Defendant made a special agreement to refund the full down payment to the Plaintiff (hereinafter “instant special agreement”).

C. The Plaintiff did not pay the secondary down payment to the Defendant by November 15, 2013, and the instant sales contract was rescinded.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings.

2. The assertion and judgment

A. At the time of the instant sales contract, the Defendant agreed to obtain a loan of KRW 140 million in the name of the Plaintiff as collateral on the instant real estate in the name of the Plaintiff, with the documents necessary for the loan. In the event that the said loan is not carried out, the Defendant concluded the instant special agreement with the Plaintiff to refund the down payment in full to the Plaintiff.

However, the defendant did not receive a loan of KRW 140 million, which led to the cancellation of the sales contract of this case.

Therefore, the defendant is liable to pay to the plaintiff 6 million won, a double payment of the down payment, and damages for delay.

B. In full view of the reasoning of the judgment, Gap evidence Nos. 1 to 3 and 5 to 8 (including partial numbers), and the overall purport of the pleadings against our bank, a party hearing company, as a result of the order to submit financial transactions to our bank.