약정금
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 reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the
2. Parts to be dried;
A. Article 16-17 of the first instance court’s decision provides that “In full view of the following circumstances, the evidence submitted by the Defendant up to the trial and the circumstances surrounding the argument shall be considered.”
B. (1) Article 4(1) of the Agreement on the Re-Purchase of this case (the content on which the Defendant assumes the obligation to repurchase the leased article regardless of whether it is recovered) is invalid pursuant to Article 6 of the Act on the Regulation of Terms and Conditions as a provision unreasonably unfavorable to the Defendant in accordance with Section 8 and Section 4(6) of Article 4 of the Agreement on the Re-Purchase of this case (the content on which the Defendant assumes the obligation to repurchase the leased article regardless of whether it is recovered) and Article 4(6) of the Agreement on the Re-Purchase of this case (the content on which the Defendant assumes the obligation to repurchase the leased article without the intention or negligence of the lessee) shall be deemed invalid pursuant to Article 6 of the Act on the Regulation of Terms and Conditions, etc.).
C. Part 13 of the 8th judgment of the first instance court "Article 4 (1) of the Re-Purchase Agreement of this case" has been amended to read "Articles 4 (1) and 4 (6) of the Re-Purchase Agreement of this case".
The 8th judgment of the first instance court stated that “The Defendant’s assertion is without merit” in the 15th judgment, “The Defendant’s assertion is without merit (see Supreme Court Decision 2010Da16199, Mar. 29, 2012).”
(e) Part 10 of the 9th judgment of the first instance court "the defendant against the plaintiff" shall be written by "the plaintiff against the defendant."
F. The part of the 9th decision of the court of first instance regarding “the plaintiff at the time of concluding the re-purchase agreement of this case” is as follows.