1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as stated in the judgment of the court of first instance, in addition to adding the following sub-paragraph (2), subsequent to the 7th decision of the court of first instance, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. "(4)" of the part added to "(4)": (a) even if the sales contract of this case was lawfully rescinded due to the plaintiff's default, the plaintiff paid 48,061,30 won to the defendant as the down payment based on the contract of this case; (b) the defendant confiscated the down payment amount of 48,061,300 won which was already paid by the defendant upon the cancellation of the contract of this case on the ground of the plaintiff's delay in payment of the remaining amount due to the defendant's default as a penalty; and (c) the plaintiff alleged that the amount of 48,061,300 won which the defendant confiscated as the penalty of this case is unfairly excessive; and (d) where the estimate of damages is unreasonably excessive, the court may reduce the estimated amount of damages in accordance with Article 398 (2) of the Civil Act; and (e) "unfairly excessive amount" in this case should be determined based on the court's comprehensive consideration of all circumstances such as the defendant's status, purpose and contents of the contract, the estimated amount of damages, and the court's reasonable decision.

Supreme Court Decision 2007Da19051 Decided February 26, 2009 and Supreme Court Decision 2007Da19051 Decided February 18, 2016.