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(영문) 인천지방법원 2020.12.17 2020나54152

위약금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) even if both parties consider the allegations and evidence supplemented by the appellate court, the part of "the defendant was listed in (b)" from 4 to 9 of the first instance court's decision was deleted; (b) the 13-14 of the 13-14 of the 14th instance judgment "the defendant is not deemed to be the representative of the K Child Care Center; (c)" and "the defendant shall not be deemed to operate the K Child Care Center; and (d) the part of the reasons for the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except where the following additional judgments are added."

2. The Plaintiff asserts to the effect that the penalty stipulated in the instant contract constitutes a penalty for breach of contract and the penalty for breach of contract is excessively excessive to the Defendant. However, the evidence submitted by the Plaintiff alone cannot be recognized as a penalty for breach of contract, and there is no other evidence to acknowledge it, and the Plaintiff’s assertion contrary thereto is rejected.

3. The decision of the first instance court on the conclusion is justifiable.

All appeals filed by both the plaintiff and the defendant are dismissed.