승낙의 의사표시
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation as to this case is as follows. The defendants’ assertion is identical to the entry of the reasoning of the judgment of the court of first instance, except for the addition and determination as stated in paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or additional parts] On the 5th judgment of the court of first instance, the 2nd "Defendant", 6th "Defendant", 7th below, 3th below, and the 1st "Defendant" shall be sentenced to each "E".
On the 6th judgment of the first instance court, the following "judicial reconciliation" (hereinafter referred to as "conciliation of this case") shall be added.
Then, “The provisional attachment on May 27, 2009 by Defendant B is merely a provisional attachment on the right to collateral security of this case 5 and thus, it is difficult to view that the purchase price claim against the Plaintiff, which is the secured claim of the right to collateral security of this case, was issued an order prohibiting the payment of the purchase price claim of the Plaintiff.”
2. Judgment on the defendants' assertion
A. Defendant B proposed compensation for delay of performance under the instant agreement, which is the liquidated damages, and it must be unjustly reduced. Since the reduced part of the said agreement is null and void, Defendant B’s claim, which is the secured debt of the right to collateral security, was not extinguished as the set-off regarding this part did not take effect.
The phrase “unfairly excessive” that the court may reduce the estimated amount of charges pursuant to Article 398(2) of the Civil Act does not cause any damage.
It is insufficient to say that the amount of damages is less than the estimated amount of damages, and considering the economic status of the contractor, the purpose and content of the contract, the background of the scheduled amount of damages, transaction practices and other various circumstances, the payment of such estimated amount of damages results in the loss of fairness by unfairly pressureing on the debtor who is in the position of the economically weak.