철거 및 매매대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the admitting party of the judgment of the court of first instance states concerning this case are as follows, except for the addition of the following judgments to the pertinent part, and therefore, the following are identical to the reasons for the judgment of the court of first instance.
2. The plaintiff asserts that the amount of KRW 75 million delivered according to the instant agreement should be reduced to a reasonable extent as the amount of compensation for damages is unfairly excessive, as alleged by the defendants.
On the other hand, the purpose of Article 398 of the Civil Act regarding the determination of the amount of damages under Article 398 of the Civil Act is to reduce the occurrence of damages and the difficulty in proving the amount of damages, prevent the occurrence of disputes in advance, and ensure the performance of obligations by providing psychological warning to the obligor (see Supreme Court Decision 92Da41719, Apr. 23, 1993). Thus, in order to reduce the amount of liquidated damages by applying Article 398(2) of the Civil Act, the agreement of this case should be premised on the assumption that the amount of damages is scheduled to be reduced
However, the data submitted by the Plaintiff alone is insufficient to view the instant agreement as liquidated damages, and there is no other evidence to acknowledge it, and considering the developments leading up to the conclusion of the instant agreement as seen earlier, the extent of the Defendants’ damages, etc., it is difficult to view that the instant agreement is excessively excessive.
Therefore, the plaintiff's assertion on this part is without merit.
3. If so, the decision of the first instance court is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.