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(영문) 수원지방법원 2016.10.13 2016나5518
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

A. The reasons for this Court concerning this case are as stated in the corresponding part of the judgment of the court of first instance except for the corresponding part of the judgment of the court of first instance as follows. Thus, this Court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(b) Beginning 13 up to 7 pages 6, the following shall apply:

“2) Based on the above legal doctrine, the following circumstances acknowledged as follows: (i) the terms and conditions of the instant penalty are based on the facts acknowledged earlier, the evidence adopted earlier, and the purport of the entire pleadings; (ii) Article 398(4) of the Civil Act (the agreement on penalty for breach of contract) shall be presumed to be the liquidated damages.

(C) In light of the above legal principles, if a contract for the penalty of this case is terminated due to a lessee’s default, the contract for the penalty of this case is unfair, it is reasonable to compare the actual loss that the lessor would incur due to the termination of the contract for the vehicle and the amount of the penalty stipulated in the contract for the penalty of this case. The main loss that the Defendant, a lessor, incurred due to the termination of the contract for the vehicle, is the loss caused by the lessor’s loss of the profit equivalent to the rent that was anticipated to be acquired during the remaining contract period. The penalty stipulated in the contract for the penalty of this case is the amount calculated by multiplying the rate of penalty (10% to 30% by the remaining period, and the amount obtained by the remaining period) by the rate of penalty (10% to 30% by the remaining period). Accordingly, the penalty under the contract for the penalty of this case constitutes 10% or 30% of the rent determined by the Defendant to be acquired, and is obviously contrary to the lessee’s reasonable interest and equity.

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