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 of the court's explanation concerning this case is that the part concerning "..........." and ".. decision" of the court of first instance other than the part concerning "....." and ".. decision" are the same as the part concerning the reasons of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the contract for sale in this case "C. The defendant asserts that the penalty clause of the contract for sale in this case only deducts the amount equivalent to 10% of the total sale price from the total sale price, and there is no agreement to specify the contract deposit as a penalty for breach of contract. Thus, in accordance with Article 5 (2) of the Regulation of Standardized Contracts Act, the defendant who is the customer should interpret the contract deposit in favor of the defendant who is the customer, and finally, the penalty for breach

In light of the fact that Article 4 (1) of the sales contract of this case only provides that "10% of the total supply price shall belong to the plaintiff as penalty," and that 10% of the total supply price subject to forfeiture is the down payment, as seen earlier, the contract deposit (10% of the sale price) in the sales contract of this case and the total supply price subject to forfeiture are the same, and 10% of the total supply price subject to forfeiture are the same, and there are many cases where the down payment is determined as 10% of the sales price in the commercial real estate transaction contract and the amount equivalent to the down payment is scheduled as damages, the penalty subject to forfeiture refers to the down payment which is 10% of the sales price first paid in order to secure the performance of the contract, and therefore, the above argument by the defendant is without merit.

2) Meanwhile, the Defendant asserts to the effect that interest should be added to the penalty forfeited on the premise that the Plaintiff’s claim for penalty and the Defendant’s claim for refund of interest are offset at the time of cancellation, but Article 4(3) of the instant sales contract is paid by the Defendant.