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(영문) 인천지방법원 2018.02.14 2017가단233145
위약금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 140,00,000 and the interest rate of KRW 15% per annum from September 15, 2017 to the date of full payment.

Reasons

1. Each fact in the separate sheet of the reasons for the recognition is recognized if there is no dispute between the parties or if the whole purport of the pleading is added to the statement in Gap evidence Nos. 1 and 2.

2. According to the facts of the determination as to the cause of the claim, the agreement for the penalty stated in the terms of the contract of this case is presumed to be an estimate for damages under Article 398(4) of the Civil Act. This is also the same in cases where the liability of an unauthorized representative under Article 135(1) of the Civil Act is claimed for damages. The defendant is liable to compensate the plaintiff for damages at a rate of 140,000,000 won, which is the total sum of the contract deposit, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from September 15, 2017 to the date of full payment.

(1) The defendant's defense of extinctive prescription was presented in the reply, but it is deemed to have withdrawn the above defense by stating to the effect that the defendant's legal liability was recognized on the date of the second pleading of this case. Even if the defendant's above statement cannot be deemed to have been withdrawn the defense of extinctive prescription, the defendant is deemed to have been liable to pay a penalty under the above contract by accepting the above contract from the deceased's heir until January 4, 2008, which is the remaining payment date of the sales contract of this case, and failing to perform the obligation to transfer registration under the above contract. The plaintiff's lawsuit of this case is clearly recorded in the record that it was filed on August 9, 2017 before the lapse of 10 years from

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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