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1. The defendant shall pay to the plaintiff the amount of KRW 13,50,104 and the amount of KRW 11,364,774 from September 2, 2017 to the date of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
[Plaintiffs, based on the remaining siren29,611,484 won, estimated residual value of 17,014,80 won, and fee rate of 30%, i.e., double termination fee of 13,987,885 won [29,611,484 won in estimated residual value of 17,01,80 won in estimated residual value of 17,014,800 won in terms of calculation of the fee rate of 30%; hereinafter the same shall apply.
) Although early termination fees are sought for the payment of damages incurred by the plaintiff when the automobile rental contract of this case is terminated halfway, Article 398(2) of the Civil Act provides that the court may reduce the amount of damages reasonably in cases where the estimated amount of damages is unreasonably excessive. "In this context," "unfairly excessive cases" means cases where it is deemed that the payment of the estimated amount of damages results in the loss of fairness by unfairly pressure on the debtor who is in the position of the economically weak in light of the general social norms, considering all the circumstances such as the status of the creditor and the debtor, purpose and contents of the contract, the motive behind promising the amount of damages, the estimated amount of damages, the ratio of estimated amount of damages to the amount of damages, the estimated amount of damages, the estimated amount of damages, and the transaction practices at the time, etc. In addition, in order to determine whether the estimated amount of damages was unduly excessive or the scope of adequate reductions pursuant to the above provision, the court should comprehensively consider the above circumstances arising between them as of the date of closing argument at fact-finding court, and the total amount of damages should be interpreted at 970.3.