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(영문) 서울남부지방법원 2018.11.22 2018나2108
약정금(손해배상)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is citing it in accordance with the main sentence of Article

[Plaintiff asserts that the court of first instance excessively reduces the estimated amount of damages under the contract of this case. However, the agreement on the penalty for breach of contract of this case (see Article 11 of the contract) does not distinguish cases where a penalty has occurred due to termination of the contract due to a special reason for which it is difficult for the customer to continue to perform the contract, such as closing its business or transferring its business, etc., and where a contract has been terminated due to a cause attributable to the customer, such as delinquency in payment of service fees, and where a penalty has occurred due to the termination of the contract due to a cause attributable to the customer, and where the customer bears the same penalty without considering the customer’s contract maintenance period, etc., if the provision on the penalty is applied as it is, it would be unreasonable that the customer’s right to terminate the contract of this case would be excessively restricted. Considering the above circumstances, taking into account the motive for the scheduled amount of damages, including the contractual status of the original and the defendant, the estimated amount of damages, and the contract maintenance period, it is justifiable in the judgment of the first instance.

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