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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from January 16, 2015 to August 28, 2015.
Reasons
1. Facts of recognition;
A. On November 20, 2014, the Plaintiff paid KRW 50,000,00 to the Defendant as a provisional contract in order to conclude a real estate sales contract with the Defendant to purchase real estate listed in the separate sheet.
B. The Plaintiff failed to prepare purchase funds, and did not enter into a contract by December 2, 2014, which was the time limit for the agreement with the Defendant to enter into an actual sales contract, and the Plaintiff requested the Defendant to return KRW 50,000,000 paid as provisional contract money.
C. On January 15, 2015, the Defendant sent to the Plaintiff a certificate of the purport that the instant real estate sales contract is null and void, unless this contract was concluded on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, Eul evidence 1, Eul's testimony and the purport of whole pleadings
2. Determination on the cause of the claim
A. In light of the above facts, 50,000,000 won, which the Plaintiff paid to the Defendant, was paid on the premise that the sales contract would be concluded between the Plaintiff and the Defendant as to the real estate listed in the separate sheet. In a situation where the sales contract was not concluded by the agreed date because the Plaintiff was unable to prepare purchase funds, it is reasonable to deem that the Defendant sent to the Plaintiff a certificate of the content of January 15, 2015, and that the sales contract between the Plaintiff and the Defendant was not concluded, and that the contract was null and void. Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff the above KRW 50,00,000,00
B. As to the judgment of the defendant's assertion, the defendant alleged that the contract of this case was not entered into a principal contract due to the reasons attributable to the plaintiff, and thus, 50,000,000 won paid by the plaintiff cannot be returned. Thus, unless there is a special agreement that the contract deposit is received in the conclusion of the contract for consideration, it shall be deemed as a penalty.