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. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, it is decided to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. Between the 6th and 7th of the first instance judgment, “.. the Plaintiff shall return to the Defendant the interest calculated at the rate of 3% per annum from the date of the first to the sixth intermediate payments under Article 4(3) of the sales contract by subrogation for the payment of loans from the date of the first to the date of the payment of the intermediate payments under Article 4(3) of the sales contract, which was due to the cancellation of the sales contract in this case.” The Plaintiff shall return to the Defendant the interest calculated at the rate of 31,574,421.”

(b) All the words “a bank” in Part 4, 15, i.e., National Federation of Fisheries (hereinafter referred to as “the Federation”) and each “the co-op” in Part 3, 6, 2, and 3, i.e., the first instance judgment.

(c) Forms 7 through 9 of the first instance judgment are as follows.

(B) As to the subject matter of the deduction of penalty, the defendant does not expressly state that 10% of the total supply amount subject to forfeiture in the instant sales contract is the amount paid as down payment, and the meaning of the terms and conditions is not clear, and thus, it is necessary to interpret the terms in favor of the defendant who is the customer. Therefore, the defendant asserts that the penalty should be deducted from the sixth intermediate payment, not

However, 10% of the total supply price subject to forfeiture as penalty in the instant sales contract is equal to the down payment (10% of the total sale price) and the amount. The instant sales contract includes a loan agreement with interest on intermediate payment, and where the instant sales contract is cancelled, the Plaintiff may refund the remaining amount after repaying the principal and interest on the loan of the buyer in lieu of the financial institution (Article 4(3)); and