물품대금등
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 statement in this case is as follows, and the reasoning for the statement is as stated in the column of 1 and 2 of the reasoning of the judgment of the first instance except for the addition and modification as follows. Thus, it is acceptable in accordance with the main sentence of Article 42
The defendant asserts that, under the second half of the judgment of the court of first instance, the part of the agreement on the penalty of breach of contract of this case requires the defendant to use 1,950 bits for a period of 3 years and 6 months, and that it is impossible at source as it constitutes a juristic act which has considerably lost fairness due to the defendant's initiative or experience and is null and void pursuant to Article 104 of the Civil Act, or constitutes a declaration of intention by mistake pursuant to Article 109 of the Civil Act or by mistake pursuant to Article 109 of the Civil Act, and thus, the contract of this case is revoked by delivery of a preparatory document as of September 21, 2015, since it is not possible to respond to the plaintiff's claim for damages.
On the other hand, the evidence presented by the defendant alone constitutes a juristic act in which the part of the penalty agreement under the contract of this case has considerably lost fairness due to the defendant's rashness or inexperience.
The defendant's above assertion is without merit, because it is difficult to regard it as an expression of intent by mistake under Article 109 of the Civil Code.
From the same 5 side to the second 5 side, “A” of the same 6th 2th 4th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th. The court may reduce the amount of damages to the following in an unreasonably excessive case.
(Article 398(2) of the Civil Act. Here, “unfairly excessive cases” refers to the respective status of the obligee and the obligor, purpose and content of the contract, motive and intent scheduled for the amount of damages, the ratio of estimated amount of damages to the amount of debts, the size of estimated damages, and transaction practices at that time.