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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Judgment as to the main claim
A. On August 12, 2013, the Plaintiff asserted that the Plaintiff purchased the purchase price of D Apartment Nos. 105 and 1302 (hereinafter “instant apartment”) on the parcel of land, Yongsan-gu, Seoul and 2, and decided to purchase KRW 1,680,00,000. On October 2, 2013, the Defendant recovered documents necessary for the registration of transfer of ownership of the instant apartment that was entrusted to a certified judicial scrivener for the implementation of the instant sales contract. On October 4, 2013, the Plaintiff made a clear declaration of refusal of performance to the Plaintiff, such as completing the registration of establishment of lease on a deposit basis in the third party’s future. Accordingly, on December 13, 2013, the Plaintiff notified the Defendant of the cancellation of the said sales contract.
Therefore, the defendant should return to the plaintiff the down payment of one billion won already paid to the plaintiff as a result of restitution following the cancellation of the above contract.
B. The Plaintiff lent KRW 1,290,00,000 to the Defendant on December 30, 201, and KRW 70,00,000 on January 30, 201, and KRW 40,400,000 on February 24, 2012, and KRW 210,000,000 on February 24, 2012, and KRW 30,000,000 on February 27, 2012, and received reimbursement on February 29, 2012.
(2) On March 15, 2012, 200 won of the loan principal (i.e., KRW 1,290,400,000 - KRW 298,000), and the amount (i.e., interest thereon) of KRW 1 billion, the agreed interest rate of KRW 10 billion, shall be determined as of March 15, 2013; and (ii) the loan certificate, the payee, the Plaintiff, the face value of KRW 1 billion, the payment date of KRW 1 billion, the payment date of KRW 200,000,00,000, and the promissory notes as of March 15, 2012, were written and issued to the Plaintiff.
Article 22 of the Civil Code No. 1 of the Civil Code No. 11947 of the Civil Code provides that the defendant shall not be liable to compensate the plaintiff for the damages incurred to the plaintiff.