2. Parts to be dried;

C. Whether the Defendant’s obligation to return the instant performance bond is recognized or not (i) the penalty for breach of contract is presumed to be liquidated damages under Article 398(4) of the Civil Act. Therefore, in order to interpret the penalty as penalty for breach of contract, special circumstances should be asserted and proved. The legal nature of the penalty should be determined reasonably by comprehensively taking into account all the circumstances such as the economic status of the parties to the contract, the details and contents of the contract, the progress and negotiation process of concluding the contract as well as the name and phrases used in relation to the penalty at the time of concluding the contract, as well as the name and text used in relation to the penalty for breach of contract; the principal purpose of the contract; the nature of the obligation to guarantee the performance through the penalty; whether the party can separately claim damages other than the penalty in the event of nonperformance; the amount of the penalty; the ratio of the penalty to the penalty to the total amount of the debt;

(2) Article 398(4) of the Civil Act provides that the penalty for breach of contract shall be paid if the parties fail to perform their duties on July 14, 2016 (see, e.g., Supreme Court Decision 201Da65973, Jul. 14, 2016). Meanwhile, if there is an agreement between the parties to pay the penalty for breach of contract, whether the penalty for breach of contract is scheduled to be determined individually in a specific case by comprehensively taking into account the content of the disposition document, such as the contract, and the process