위약벌 청구의 소
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. The reasoning for this part of this Court is that the reasoning for this Court is identical to the corresponding part of the reasoning for the judgment of the first instance, except for partial deletion or dismissal as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
▣ 제1심 판결문 제2면 제19행 중 “(이하 ‘이 사건 위약벌 조항’이라 한다)”를 삭제한다.
Article 6 (Matters of Mutual Responsibilities and Cooperation) (1) The defendant shall have the responsibility to provide internal data and interview contents requested by the plaintiff to the defendant in accordance with the deadline for verification and request.
② If the Defendant considers that there is a problem with the Plaintiff’s outcome of this contract and services, it shall prepare a written request to the Plaintiff for corrective measures, and the Plaintiff shall comply with the request as an active person.
③ The Plaintiff fails to draw up a management task that can completely offset the diagnostic service cost as a result of the diagnosis, or when the Plaintiff fails to exhaust the outcome compared to the diagnostic service cost in the course of the implementation project, the Plaintiff shall refund the shortage to the Defendant.
Article 7 (Addition of Terms and Conditions of Contracts and Implementation Projects) ① The plaintiff and the defendant are fully aware of the fact that the diagnosis project is conducted under the premise for the implementation project after the diagnosis, and the implementation project shall be conducted jointly by preparing a written contract for the implementation project based on the results of the diagnosis project.
② In the event that the implementation project is not carried out due to the Defendant’s internal circumstances, the Defendant shall immediately pay to the Plaintiff the amount equivalent to four times the amount of the diagnostic service cost as additional expenses in addition to the examination service cost set forth in the penalty.
▣ 제1심 판결문 제2, 3면 표를 아래 표로 고친다.
2. The parties' assertion
A. The Plaintiff’s assertion and the Defendant clarify the fact that the management diagnosis through the instant service contract is the premise for the “after diagnosis”.