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(영문) 서울고등법원 2019.07.11 2018나2029854
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The reasons why this Court stated in this part of the underlying facts are the same as that of “1. Basic Facts” in the reasoning of the judgment of the first instance, and the same as that of “1. Basic Facts” is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 13th page 1-2 shall be followed as follows:

[Ground for Recognition] Unstrifed Facts, Gap evidence 1 to 32, 44, and 45 (if any, including each number; hereinafter the same shall apply)

Each entry, testimony of witnesses L of the first instance trial, and the purport of the whole pleadings.

2. The grounds for this part of the grounds for appeal by the court, which the Plaintiff constituted, are the same as those stated in Chapters 4 through 14, 8 among the grounds for appeal by the court of first instance. As such, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. The reasoning to be stated in this part of the judgment of the court as to the cause of the claim is that the reasoning of the judgment of the court of first instance is the same as that of the 14th to 15th to 3th of the 15th of the 14th of the 15th of the grounds.

B. Determination 1 as to the Defendants’ assertion that there was no consistent intent as to the provisions, such as the penalty for breach of contract of this case, etc., in this part, the reasons to be stated in this part are as follows: (a) since the reasoning of the judgment of the court of first instance is the same as that of the 15th to 6th 16th 2nd ; (b) pursuant to the main sentence of Article 420 of the Civil Procedure Act, the Act on the Regulation of Terms and Conditions (hereinafter “Terms and Conditions Regulation Act”) or Article 103 of the Civil Act, or Article 103 of the Civil Act, and the amount of penalty for breach of contract should be reduced excessively, the reasons to be stated in this part are as follows: (a) the reasons to be stated in this part is the same as that of the 16th 4th to 24th 2nd 2nd of the reasoning of the judgment of first instance, except for the addition of the following contents to the following.

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