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1.The judgment of the first instance shall be modified as follows:
Attached Form 2 between the plaintiffs and the defendant.
Reasons
1. The reasons why the court accepted the judgment of the court of first instance for the instant case are as stated in the reasoning of the judgment of the court of first instance, except for adding the following Paragraph 2 as to the assertion added at the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of
2. Judgment on the Defendant’s conjunctive assertion
A. The gist of the assertion is that the Defendant’s agreement to the effect that “if the Defendant fails to pay the balance of the instant sales contract by June 30, 2015, which is the due date for the payment of the remainder, the amount already paid shall belong to all the Plaintiffs” under the instant promise (hereinafter “instant attribution agreement”) is a liquidated damages, and that the amount should be reduced unfairly because it is excessive.
In light of the fact that there is no stipulation that the instant commitment is an estimate of the amount of damages, and that the Plaintiffs, as the economically weak compared to the Defendant, have caused the instant reversion agreement in the need to psychological pressure on the Defendant’s obligation to pay the remainder of nonperformance several times, the instant commitment ought to be interpreted as a penalty agreement rather than an estimate of the amount of damages, and thus, should not be reduced accordingly.
B. On October 1, 2014, the Defendant, which entered into with the Plaintiffs, continued to pay the balance of each of the instant sales contracts until February 16, 2015, as well as on October 31, 2014, the initial payment date of which was postponed by the Plaintiffs, as well as on December 1, 2014; December 10, 2014; January 15, 2015; and on February 16, 2015, the Defendant continued to pay the balance by January 15, 2015; and on January 15, 2015, the instant sales contract was rescinded and paid to the Plaintiffs in full.
In such a situation, the Defendant requested the rescission of the instant sales contract by the Plaintiffs on February 27, 2015, on June 10, 2015, to pay the remainder from the Plaintiffs on June 30, 2015.