보증금반환
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the grounds of the judgment of the court of first instance, the term “witness” among the parts dismissed or added shall be collectively dismissed as “the witness of the court of first instance.”
The 8th to 9th of the first instance judgment are as follows.
Article 398(4) of the Civil Act provides that “In cases where there is an agreement between the parties to pay penalty for breach of contract, whether the penalty for breach of contract is scheduled to pay the amount of compensation for breach of contract or penalty for breach of contract is a matter of interpretation of intent to individually determine in a specific case by comprehensively taking into account the details of the disposition documents, such as a contract, and the details of the conclusion of the contract. However, the penalty for breach of contract is presumed to be an estimate of the amount of compensation pursuant to Article 398(4) of the Civil Act. In particular, where the agreement between the parties on the penalty for breach of contract has a separate provision on liquidated damages or on the premise of actual damages, and where the provision on the penalty for breach of contract is interpreted separately as an estimate of the amount of compensation for breach of contract, the penalty for breach of contract shall be deemed to be a penalty for breach of contract if there are such circumstances as where two or more damages occur (see Supreme Court Decision 2013Da8294, 82951, Jul. 14, 2016).