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Reasons
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(영문) 서울동부지방법원 2020.06.05 2019가합110344
손해배상
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1. The defendant's KRW 140 million to the plaintiff and about this, 6% per annum from January 15, 2020 to June 5, 2020, and the following.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. In accordance with Article 12(5) of the Agreement on the Supply of Goods, the Plaintiff partially dismissed claims for payment of the total transaction amount of KRW 233,80,516 and delay damages incurred by the Defendant from the supply of goods to the Plaintiff from August 2017 to January 2018.

However, Article 12(5) of the Goods Supply Contract of this case is an agreement for penalty, and penalty is presumed to be liquidated damages pursuant to Article 398(4) of the Civil Code, so special circumstances must be proved in order to interpret penalty as penalty penalty as penalty penalty.

(2) In light of the above legal principles, if the defendant violated the duty of confidentiality under Article 12 of the Agreement on the Supply of Goods of this case, it is difficult to interpret the above penalty agreement as a penalty for breach of contract, and it is reasonable to regard it as an liquidated damages pursuant to Article 398(4) of the Civil Act. In light of the above, if the defendant violated the duty of confidentiality under Article 12 of the Agreement on the Supply of Goods of this case, it is reasonable to deem it as an liquidated damages.

If the estimated amount of damages is unfairly excessive, the court may reduce it ex officio without the party's assertion, and the "unfairly excessive case" here means the payment of the estimated amount of damages in light of the general social concept, considering all circumstances, such as the status of the creditor and the debtor, the purpose and content of the contract, the motive behind the liquidated amount of damages, the ratio of estimated amount of damages to the amount of debts, the estimated amount of damages, the size of the expected amount

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