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(영문) 서울고등법원 2018.11.22 2018나2037985
손해배상 등
Text

1. Of the judgment of the court of first instance, against the Defendant, KRW 147,966,00 for the Plaintiff A, and KRW 117,383,00 for the Plaintiff B and this.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the portion “2.” to which the reasoning of the court of first instance is stated, and thus, it is acceptable in accordance with the main sentence of Article

2. On the fourth 9 pages 4 of the judgment of the court of first instance, the part to be dismissed or added “the defendant” shall be deemed to be “F”.

In the fourth instance judgment of the first instance (based on recognition), the term "any substantial fact in this court" shall be added.

On the six pages of the first instance judgment, the following two to 8 pages 14 shall be followed:

A person shall be appointed.

C. Determination 1) A party to a contract may estimate the amount of damages for nonperformance (Article 398(1) of the Civil Act). The determination of the amount of damages under Article 398 of the Civil Act is to reduce the difficulty in proving the occurrence of damages and the occurrence of disputes, prevent the occurrence of disputes in advance, and facilitate the settlement of legal relations. In a case where the amount of damages is anticipated at the time of a contract, unless otherwise stipulated by any other special agreement, not only ordinary damages arising from nonperformance but also special damages, and even if the obligee’s damages exceed the estimated amount of damages, the parties cannot separately claim an excessive portion (see, e.g., Supreme Court Decision 2010Da10382, Jul. 15, 2010). 2) The fact that each of the instant sales contracts, including the instant special agreement, was concluded between the Plaintiffs and the Defendant in preparation for the cancellation of the sales contract, constitutes an estimate for damages liability arising from the rescission of the contract.

However, the contents of the instant special agreement stipulate only the purchase price that the Plaintiffs first paid to the Defendant as the amount of damages for nonperformance of the obligation, and stipulate that the interest and other damages should not be claimed in entirety. Therefore, the Plaintiffs, as the Plaintiffs, suffered from the Defendant’s nonperformance of obligation.

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