1. The Defendant’s KRW 47,784,00 and its interest to the Plaintiff are 5% per annum from December 1, 2013 to June 3, 2015, and the following.

1. The following facts may be found in Gap evidence No. 1 by integrating the whole purport of the pleadings.

The defendant is liable to pay 3,9820,000 won to the plaintiff.

B. On September 5, 2013, the Defendant agreed to pay KRW 15 million first of all the above KRW 3982,000,000 to September 16, 2013; however, if the Defendant fails to perform, he/she shall compensate twice, and the entire obligation shall be repaid by November 30, 2013.

C. The Defendant failed to repay KRW 15 million by September 16, 2013, and the said KRW 39820,000 was not repaid.

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition of the above 3,9820,000 won, the defendant is obligated to pay the above 3,9820,000 won and damages for delay.

B. The Plaintiff asserts that the part of the double apportionment agreement is a penalty agreement.

On the other hand, the part of the above two times of payment agreement is an agreement for penalty, and the penalty is presumed to be liquidated damages pursuant to Article 398(4) of the Civil Act, so special circumstances should be asserted and proved in order to interpret it as penalty for breach of contract (see Supreme Court Decision 2009Da60169, 60176, Dec. 24, 2009), and there is no evidence to regard the above penalty agreement as penalty for breach of contract.

Therefore, the contract for breach of contract is the liquidated damages.

Next, if there is an excessive amount of liquidated damages, the court may reduce the liquidated damages ex officio, even without the parties’ assertion. Here, the phrase “unfairly excessive amount” brings about the loss of fairness by imposing unfair pressure on the obligor in light of the general social concept in light of all the circumstances, such as the status of the obligee and obligor, the purpose and content of the contract, the motive behind the liquidated damages, the ratio of liquidated damages to the amount of debts, the expected amount of damages, the size of expected damages, and the transaction practices at the time.