beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for adding the following judgments as to the newly asserted matters by the plaintiff in this court. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of
An abbreviationd name established in the judgment of the first instance is also used below the same.
[Supplementary part of the judgment] The plaintiff asserts that even if a sum of KRW 308,00,000 of the down payment of each of the instant sales contracts belongs to the defendant pursuant to Article 7 (4) of the sales contract of this case, the down payment has the nature of liquidated damages, and the amount of the down payment shall be unjustly reduced, and accordingly, the defendant shall return the amount reduced to the plaintiff as unjust enrichment.
On the other hand, Article 7(4) of the sales contract of this case provides that "if E.S. and the Defendant enter into each of the instant sales contracts and fails to perform the contract due to E.S. conditions, each of the down payment paid by E.S. to the Defendant shall not be returned, and shall be reverted to the Defendant," it is reasonable to deem that E.S. entered into an agreement for penalty for nonperformance of obligations under each of the instant sales contracts, and such agreement has the nature of liquidated damages, barring any special circumstance, so if the estimated amount of damages is unreasonable, the court may reduce it as inappropriate.
(Article 398(2) of the Civil Act provides, however, that "if the estimated amount of damages is unreasonably excessive, the payment of such estimated amount shall be made to the economically weak in light of the general social norms, taking into account all the circumstances such as the parties' status, purpose and content of the contract, the motive behind the liquidated amount of damages, the ratio of the estimated amount of damages to the amount of debts, the size of expected damages, and the transaction practices at the time.