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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation as to this case is as follows, except where the defendant added a judgment as to the part claimed in the appellate trial, and thus, it is identical to the corresponding part of the judgment of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
2. Judgment on the defendant's additional assertion
A. The summary of the argument 1) At the time of the agreement in this case, the Plaintiff claimed KRW 157,638,00 as the principal of the claim, but the agreed settlement amount was KRW 60,000,000, and the content of the agreement itself did not pay KRW 60,000 on the agreed date, in addition to the amount claimed by the Plaintiff in addition to the amount claimed by the Plaintiff, and thus, it has the nature of penalty for breach of contract. Therefore, it is presumed that the penalty is excessive in light of the contractual details and contents, etc. Therefore, even if the penalty is not a penalty for breach of contract, it should be reduced because it constitutes an excessive penalty. 2) Even if the agreed penalty is not a penalty for breach of contract, the portion exceeding the amount equivalent to the principal and interest of KRW 60,00,000 or KRW 157,638,000 presented by the Plaintiff is null and void as contrary
Therefore, the Plaintiff’s claim of this case is unreasonable.
B. As a penalty for breach of contract is presumed to be an estimate of the amount of damages pursuant to Article 398(4) of the Civil Act, special circumstances should be asserted and proved in order to interpret the penalty as a penalty for breach of contract. Not only the name or phrase used in relation to the penalty at the time of concluding the contract, but also the economic status of the contracting party, details and contents of the contract, details and negotiation process of the agreement to pay a penalty, the principal purpose and purpose of the agreement between the contracting party, the nature of the obligation to guarantee performance through penalty, the nature of the obligation to pay a penalty through penalty, and whether