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. In the first and second instances between the first and second instances of the first instance judgment, “. The Plaintiff shall return to the Defendant the interest calculated at the rate of 3% per annum from the date of the first to the sixth intermediate payments under Article 4(3) of the sales contract by subrogation for the payment of loans from the date of the first to the date of the payment of the first to the sixth intermediate payments under Article 4(3) of the sales contract.” The Plaintiff shall return to the Defendant the interest calculated at the rate of 3% per annum until June 25, 2014.”

(b) Forms 6 through 9 of the first instance judgment are 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

On the other hand, 10% of the total supply amount subject to forfeiture as penalty in the instant sales contract is equal to the down payment (10% of the sale price) and the amount. The instant sales contract includes a loan agreement for interest on the intermediate payment. In the event that the instant sales contract is cancelled, the Plaintiff may refund the remaining amount after repaying the principal and interest of the buyer’s loan in lieu of the financial institution (Article 4(3)), and settlement between the Plaintiff and the financial institution can be made regarding the principal and interest of the intermediate payment loan between the Plaintiff and the financial institution (Article 4(3). It is interpreted that penalty is confiscated in the intermediate payment.