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. Determination on the cause of the claim

A. Comprehensively taking account of the purport of the entire argument in the statement No. 1, the Defendant purchased a heavy vehicle to the Plaintiff, and the Plaintiff paid KRW 5,390,000 to the Defendant for the purchase price of a heavy vehicle (hereinafter “instant purchase price”); the Plaintiff, who did not deliver a heavy vehicle, demanded the Defendant to return the instant purchase price; and the Defendant, on June 28, 2016, returned the instant purchase price to the Plaintiff by June 30, 2016.

'The fact that '' has drawn up and issued a loan certificate is recognized respectively.

B. According to the above facts of recognition, since the sales contract between the plaintiff and the defendant was concluded, the defendant is obligated to pay to the plaintiff the amount of the purchase price of this case and the amount calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 6, 2017 to the date of full payment, as requested by the plaintiff, to the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the sales price of this case was paid as down payment, but the plaintiff did not perform his duty under the sales contract, and thus, the defendant did not have a duty to return.

B. The contract was cancelled due to reasons attributable to either of the parties, unless there is a special agreement that the contract deposit shall be a penalty in the nature of the cancellation money in case where the contract deposit is received in the conclusion of the contract for consideration.

Even if the other party can only receive compensation for actual damages incurred in the nonperformance of the contract, but the down payment shall not be naturally reverted to the other party as a penalty (see, e.g., Supreme Court Decision 95Da54693, Jun. 14, 1996). Even if based on the evidence No. 1, the other party and the defendant shall pay the purchase price of this case as penalty.