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(영문) 서울중앙지방법원 2017.10.17 2017나17008

손해배상(건)

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the appeal filed by the Defendant (Counterclaim Plaintiff) B and Defendant C are dismissed.

2...

Reasons

1. The reasons why the court of first instance as to this case are stated are as follows: (a) 4, 10, 5, 4, 6, 15, 21, 7, 7, 12, 21, 8, 10, 9, 9, 10, 4, 5, 10, and 10, 10, 7, 7, 12, 21, 8, 10; (b) 4, 5, 4, 10, 7 are as follows; (c) 15, 17, as witness of the first instance trial; and (d) 15, 17, as the "written rejection of execution of this case" of the first instance judgment; and (d) 420, 420 of the Civil Procedure Act is added to the "written rejection of execution of this case" of the second instance judgment; and (d) 1, 200, 420.

2. Additional determination

A. In light of the fact that the agreement between the Plaintiff and the Defendants on the penalty for breach of contract between the Plaintiff’s assertion that one party would pay the amount equivalent to the amount of actual damage in addition to the amount of actual damage to which the other party shall be liable if one party fails to perform the agreement, and that the amount is not specified specifically at the time of the agreement, it is reasonable to deem the amount equivalent to the amount of the said actual damage to be additionally paid as above as above as a penalty for compelling the performance of obligation under the instant performance letter, not the amount of the liquidated damages, and thus, it is not permissible to reduce the amount under the premise

B. In the event that there is an agreement between the parties to a judgment on default, whether the penalty is the estimated amount of damages or the penalty penalty is an intentional interpretation, taking into account the content of the agreement on penalty and the developments leading up to the conclusion of the agreement on penalty, etc., and the penalty is presumed as the liquidated amount of damages under Article 398(4) of the Civil Act. Therefore, in order to interpret the penalty as a penalty for breach of contract, special circumstances