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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On December 23, 2015, the Plaintiff asserted by the parties, purchased 520,00,000,000 won of the purchase price, and agreed to pay 520,000,000,000 won of the down payment out of the purchase price, and 5,00,000,000 won for the remainder on the contract date, and on May 26, 2016, the Plaintiff agreed to pay the amount equivalent to three times the down payment at the time of the contract under a special agreement (hereinafter “instant contract”).
The Plaintiff intended to pay the remainder to the Defendant a down payment of KRW 20,000,000 according to the instant sales contract. However, as the Defendant refused to perform the instant sales contract while avoiding the contact with the Plaintiff without any justifiable reason, the Plaintiff’s delivery of a duplicate of the instant complaint to cancel the instant sales contract. The Defendant is obliged to pay the Plaintiff the down payment of KRW 60,000,000 and the delay damages, which are three times the down payment, in accordance with the penalty agreement under the instant sales contract.
The Defendant did not enter into the instant sales contract with the Plaintiff, and the sales contract submitted by the Plaintiff is a document that does not know.
Judgment
According to each of the following facts: (a) the Plaintiff and the Defendant entered into the instant sales contract; (b) the sales contract with respect to the instant apartment on December 23, 2015, in which the seller, the Plaintiff, and the Plaintiff, and the Defendant entered into the instant sales contract; (c) the sales contract with the purchase price of KRW 520,000,000, out of the purchase price, is written on December 23, 2015; and (d) the contract provides that KRW 200,000,000, the remainder of KRW 500,000,000, out of the purchase price, shall be paid respectively on May 26, 2016; and (d) the Plaintiff paid KRW 20,00,000,000 as the down payment under the said sales contract to the Defendant by December 23, 2015, but there is no evidence to acknowledge that the said contract is a seal attached to the Defendant’s name.
(2).