logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.10.19 2017나54850
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the defendant's new determination of the argument in the court of first instance to the additional determination of the new argument, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Additional matters to be determined;

A. The Defendant’s assertion that the contract for penalty stipulated in the instant sales contract constitutes an estimate for damages, which should be reduced unfairly because the estimated amount of damages is excessive.

B. Under Article 398(4) of the Civil Act, the agreement of penalty stipulated in the instant sales contract is presumed to be an estimate of the amount of damages.

Furthermore, under Article 398(2) of the Civil Act, where the estimated amount of compensation for damages is unreasonably excessive, the court may reduce it to a reasonable extent. In this context, the case refers to cases where the payment of the estimated amount of compensation for damages is deemed to result in the loss of fairness by imposing unfair pressure on the debtor who is in the position of the economically weak, in light of the general social concept, in light of all the circumstances such as the status of the creditor and the debtor, the purpose and content of the contract, the motive in which the amount of compensation for damages is scheduled, the ratio of estimated amount to the amount of damages, the

(2) The sales contract of this case is a pre-sale contract of this case, and the pre-sale contract of this case is a pre-sale contract of this case. The pre-sale contract of this case of this case is a pre-sale contract of this case. The pre-sale contract of this case of this case is a pre-sale contract of this case. The pre-sale contract of this case of this case is a pre-sale contract of this case and the pre-sale contract of this case of this case of this case of this case of this case of this case

3. In conclusion, the plaintiff's claim of the principal lawsuit shall be accepted as reasonable, and the defendant's counterclaim shall be dismissed as there is no ground, and the judgment of the court of first instance shall be rendered.

arrow