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1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from September 25, 2014 to March 6, 2018.
Reasons
1. Facts of recognition;
A. On September 25, 2014, the Defendant and C, as each seller, agreed to sell each real estate listed in the separate sheet to the Plaintiff on behalf of D in total at KRW 1.69 billion on the day when the down payment is paid to the Plaintiff. However, if the Plaintiff fails to pay the remainder of KRW 1.64,416 million by October 30, 2014, the above sales contract becomes null and void and the Plaintiff agreed to return the down payment to the Plaintiff.
B. The Plaintiff failed to pay the remainder by October 30, 2014.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 2, witness D's testimony, the whole purport of pleading
2. Determination
A. According to the above facts, the Plaintiff failed to pay the remainder by October 30, 2014, and the said sales contract became retroactively null and void in accordance with the agreement.
Therefore, the defendant is obligated to pay to the plaintiff the above down payment of KRW 50 million and the damages for delay at the statutory interest rate of 12% per annum under the Civil Act from September 25, 2014 to March 6, 2018, the delivery date of a copy of the complaint of this case, from March 6, 2018, and 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment.
B. Regarding this, the defendant's assertion is not sufficient to reverse the recognition of the above, and there is no other counter-proof, since the defendant merely concluded the above sales contract on behalf of C, and he did not become the seller under the above sales contract, ② the plaintiff did not waive the down payment in the event that the plaintiff is unable to pay the balance, and there is no agreement to return it.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.