beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows: (a) add “part of I’s testimony of a witness of the court of first instance” to “each entry” of the fifth and seventh (5) of the judgment of the court of first instance; and (b) add to the following determination of the argument in the court of first instance, the reasoning of the judgment of the court of first instance is as stated in the text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Although the Defendant asserts that the contract of this case was terminated by the termination of the agreement, it is not sufficient to acknowledge only the written evidence No. 3, No. 5-1, and No. 5-2, and some testimony of the witness I at the trial, and there is no other evidence to acknowledge it. Rather, as seen earlier, the contract of this case was lawfully rescinded by the Plaintiff’s declaration of intent of rescission of the contract of this case on the ground of the Defendant’s refusal of performance.
I would like to say.
B. As the Defendant asserts that the penalty for breach of contract of this case is excessively excessive and unreasonable, the agreement on the penalty for breach of contract of this case is presumed to be an estimate of the amount of damages (Article 398(4) of the Civil Act), and where the predetermined amount of damages is unreasonably excessive, the court may reduce it as inappropriate (Article 398(2) of the Civil Act). However, in full view of the content of the contract of this case and the progress after the conclusion of the contract of this case, the penalty for breach of contract of this case cannot be deemed to be excessively excessive, considering the following as a whole: (a) the amount of the down payment determined in this case is less than 10% of the total sales amount determined in light of trade practice; (b)
3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.