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(영문) 서울고등법원 2017.05.12 2016나2068053
지체상금등
Text

1. Of the judgment of the court of first instance, the part of the claim for reimbursement which became final and conclusive against the Plaintiff is KRW 36,199,559 and its related thereto.

Reasons

1. Of the Plaintiff’s instant claim, the portion of the compensation for delay partially cited by the court prior to remanding the case (5% per annum from the date following the delivery of a copy of the instant complaint to the date the judgment was rendered prior to remand, and the portion ordering payment of money at the rate of 20% per annum from the next day to the date of complete repayment) is finalized by the judgment of remand. Thus, this court shall judge only the portion of the compensation for delay partially cited by this court prior to remand.

2. The reasoning of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, inasmuch as the grounds for admitting the reasoning of the judgment of the court of first instance are the same as the corresponding part of the judgment of the court of first instance

3. In the face of the enemy, 14 to 14 pages 10, 14, 14, and 7 of the decision of the first instance court shall be recorded as follows:

【3) As to this, even if the Defendant’s obligation to pay liquidated damages against the Plaintiff, the Defendant asserts that imposing the Defendant’s obligation to pay liquidated damages for delay calculated as above is unreasonable in light of the following: (a) the Defendant concluded the instant sales contract without thoroughly examining the contents of the sales contract without knowing the fact that the lien has been exercised on the instant building; and (b) the Defendant, after taking over the status of the trial, did not have any cause attributable to the delay of the construction, such as proceeding a large number of lawsuits against the occupant of the instant building against the occupant of the instant building while making an incidental effort for the completion of the instant construction.

The agreement for liquidated damages shall be generally applicable to the liquidated damages, and the liquidated damages calculated in accordance with the agreement shall be unfair in light of all the circumstances such as the status of the parties concerned, the purpose and contents of the contract, the motive behind the liquidated damages, the rate of liquidated damages for delay to the contract amount, the number of liquidated damages for delay, the reasons for delay, and the transaction practices at the time.

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