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(영문) 대법원 2013.11.14 2013다60432
위약금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, the lower court acknowledged the following facts based on the following: (a) the details and details of the conclusion of the sales contract and the lease contract on the instant real estate between the original Defendant and the Defendant; and (b) the developments leading up to the adjustment of the instant real estate in the lawsuit filed against the Plaintiff for extradition of real estate; and (c) where both the Plaintiff and the Defendant performed their obligations pursuant to the adjustment clause until January 31, 201, it means that the legal relationship between the Plaintiff and the Defendant under the instant sales contract and the lease agreement should be terminated; and (b) even if the Plaintiff failed to perform its obligations under the adjustment clause by January 31, 201, it is reasonable to interpret that the instant sales contract and the lease agreement continue to exist as they were originally agreed, except as otherwise stipulated in the adjustment clause, the lower court determined that the Defendant’s disposal of the instant real estate to the third party was impossible due to the cause attributable to the Defendant.

2. However, we cannot agree with the above determination by the court below for the following reasons.

If the objective meaning of a juristic act is not clearly revealed through the language and text expressed by the parties, it shall be reasonably interpreted in accordance with logical and empirical rules, and the common sense of society and the common sense of transaction, by comprehensively taking into account the contents of the language and text, the motive and background leading up to the juristic act, the purpose and genuine intent to be achieved by the said juristic act, transaction practices, etc., as well as the social justice and equity ideology. Such a legal doctrine is an adjustment clause after the parties to a lawsuit form a conciliation.

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