1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the following additional determination as to the assertion that the plaintiff emphasizes as the grounds for appeal, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff asserts that there exists an agreement of liquidated damages equivalent to the down payment, the parties agreed to pay the amount equivalent to the down payment according to Articles 5 and 6 of the contract of this case as the amount of damages due to nonperformance

The down payment paid between the parties in a sales contract shall have the nature as an cancellation fee under Article 565 (1) of the Civil Act, or the nature as an estimate of the amount of damages under Article 398 of the same Act, as a matter of course, shall not be held: Provided, That in a case where one of the parties has a special agreement to pay the down payment as a penalty, it shall be deemed to have the nature as an estimate of the amount of damages under Article 398 (4) of the same Act, only in the case where one of the parties has a special agreement to pay the down payment as a penalty,

(2) Article 6 of the instant contract provides that “The parties may demand written notice and rescission of the contract to a person who has failed to perform his/her obligation when the parties fail to perform his/her obligation,” and does not provide that “the statutory rescission may be possible,” but it does not mean that an amount equivalent to the down payment should be determined as the amount of damages in the event the parties fail to perform their obligation.”

In addition to the above contract clause, it is difficult to see that the transaction practices that set the amount equivalent to the down payment as the amount of damages have been established.

Therefore, the plaintiff's assertion that the defendant should compensate as damages equivalent to the down payment is rejected.

As above, unless it is impossible to recognize the contract of liquidated damages, the plaintiff shall actually make the amount of damages.