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(영문) 부산지방법원 2015.01.08 2013나20844
계약금반환등
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are 22,732,800 won for each plaintiff and they are related thereto.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the claim against the defendant are as follows: 【(B) of the corresponding part of the reasoning of the judgment of the court of first instance ? Applicant(s) of the corresponding part of the judgment of the court of first instance, and Myeon 10 of the same part are as stated in the corresponding part of the judgment of the court of first instance, except where “Plaintiff(s)” is deemed to be “Defendant(s)”, and therefore, it shall be cited in accordance

⑶ 지체상금의 감액 ㈎ 피고의 주장 피고는, 원고의 요청으로 이 사건 건물의 옹벽높이를 당초 계획보다 높게 건설하게 된 점, 이 사건 공사 당시 우천과 한파로 인하여 불가피하게 공사가 지연된 점 등을 감안하여 지체상금을 감액하여야 한다는 취지로 주장한다.

㈏ 판단 지체상금에 관한 약정은 손해배상액의 예정이다.

Where the contractor is liable to pay the liquidated damages, the court may reduce the liquidated damages under the agreement to the extent that it deems that the amount of the liquidated damages unfairly exceeds the extent that the general public is acceptable, in consideration of all the circumstances, such as the status of the contracting party, purpose and contents of the contract, the motives scheduled for the liquidated damages, the actual damages and the liquidated damages, the comparison of the amount of the liquidated damages, the transaction practices at the time of the agreement and the economic conditions, etc., as prescribed in

(See Supreme Court Decision 2001Da1386 Decided September 4, 2002, etc.). ① According to the evidence No. 1, the Plaintiff and the Defendant agreed to the effect that “the construction period may be changed under mutual agreement when a natural disaster or any other similar cause occurs.” There is no specific evidence to deem that the original Defendant changed or extended the construction period. Each entry of evidence No. 7 (including the serial number), witness F, G, and witness H of the first instance trial.

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