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 for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, it is decided to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. On June 27, 2014, the first instance court’s first instance judgment’s fifth and fourth instances, “The Plaintiff shall return to the Defendant interest calculated at the rate of 3% per annum from the date of the first to the sixth intermediate payment pursuant to Article 4(3) of the sales contract by subrogation for the payment of the intermediate payment from the date of the first to the date of the payment of the first to the sixth intermediate payment due to the cancellation of the sales contract in this case.”

(b) the term “satisfy” in Part VII of the first instance judgment as “parties”;

(c) from 7th to 9th 14th am the first instance judgment is as follows.

The defendant who is subject to the deduction of penalty for breach of contract does not expressly state that 10% of the total supply amount subject to forfeiture in the sales contract of this case is the amount paid as down payment, and the meaning of the terms and conditions is unclear, and thus, it is necessary to interpret the terms in favor of the defendant who is the customer. Therefore, the defendant asserts that penalty should be deducted from the six intermediate payment, not

In this case, 10% of the total supply price subject to forfeiture as penalty is equal to the down payment (10% of the total sale price) and the amount of 10% of the total supply price subject to forfeiture as penalty in the sales contract in this case. The sales contract in this case includes an agreement on loan after interest on intermediate payment, and where the sales contract in this case is cancelled, the Plaintiff may refund the remainder after the Plaintiff redeems the principal and interest on the loan of the buyer to the buyer in lieu of the financial institution (Article 4(3)), and the settlement between the Plaintiff and the financial institution can be made with respect to the principal and interest on intermediate payment.