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(영문) 서울동부지방법원 2019.04.26 2018나29216
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following: (a) the first and third instances of the judgment of the court of first instance are the same as that of the judgment of the court of first instance; and (b) thus, it is citing it as it is in accordance with the main sentence of

2. Part C) Provided, that under Article 389(2) of the Civil Act, where the estimated amount of compensation for damages is unreasonably excessive, the court may reduce the estimated amount of compensation to a reasonable extent. Here, “unfairly excessive cases” refers to cases where the payment of the estimated amount of compensation is deemed to bring about the loss of fairness by imposing unfair pressure on the debtor who is in the position of the economically weak in light of the general social concept, such as the status of the obligee and the obligor, the purpose and content of the contract, the motive behind the liquidated amount of compensation, the rate of estimated amount of compensation for damages, the estimated amount of compensation for damages, the estimated amount of damages, and the transaction practices at the time, etc. In addition, in determining whether the estimated amount of compensation for damages is unreasonably excessive and the scope of reasonable reduction thereof, the court shall comprehensively consider all the aforementioned circumstances arising between them as at the time of closing argument at the fact-finding court, i.e., the total amount of compensation calculated at the rate of compensation per se, and the estimated amount of compensation under Article 389(1)3 of the Civil Act (see, 4.208Da36316, supra.

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