위약금 등 청구의 소
1. The judgment of the first instance court against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revocation portion shall be applicable thereto.
1. The scope of the judgment of the court of first instance, which partly accepted the plaintiff's claim against the defendant against the plaintiff and dismissed the defendant's claim against the plaintiff against the plaintiff, is limited to the part against which the plaintiff and the defendant lost their respective merits, and the defendant did not appeal against the counterclaim. Thus, the scope of the judgment of this court is limited to the plaintiff'
2. The reasons why the court should explain this case in this case are deleted from the part of the "Defendant" in the fifth sentence of the court of first instance, and the part of the "Defendant" in the third sentence of the court of first instance is deleted from the 8th sentence to the 9th sentence of the court of first instance.
B. Except when using the judgment on the claim for penalty of KRW 40 million as set forth in paragraph (2) below, the interpretation of juristic act is identical to the reasoning of the judgment of the court of first instance as set forth in Articles 1 and 420 of the Civil Procedure Act. As such, the interpretation of juristic act clearly establishes the objective meaning that the parties gave to the act of indicating, and where the interpretation of the parties’ intent as set out in the contract document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and circumstance of the agreement, the purpose of the agreement, the parties’ genuine intent, etc.
(2) Article 8 of the instant contract (Evidence A) provides for a specific period (three years) as “where this contract is terminated before the contract period specified in Article 11 (three years)” (see, e.g., Supreme Court en banc Decision 2014Da225809, Jun. 22, 2017). On the other hand, Article 8 of the instant contract (Evidence A) provides for a specific period of time (three years). In addition, Article 8 of the same Act provides for a clause that generates the obligation to pay penalty to the Defendant, regardless of who is the subject of termination and who is responsible for the cause attributable to either of them.