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(영문) 서울고등법원 2019.04.18 2018나2074014
보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for admitting this part of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the following height: (b) whether to reduce the estimated amount of damages; (c) whether to reduce the estimated amount of damages pursuant to the main sentence of Article 420 of the Civil Procedure Act can be cited as it is; (d) the fact that “unfairly excessive cases” in which the court may reduce the estimated amount of damages is less than the estimated amount of damages is insufficient. Considering the economic status of the contractor, the purpose and contents of the contract, the scheduled amount of damages, and other various circumstances, it should be deemed that the payment of the estimated amount of damages would result in the Plaintiff’s loss of fairness by unfairly pressure on the part of the obligor who is in the position of the economically weak; (e) whether the contract bond was paid at the time of performing the obligation to purchase the contract bond, and (e) whether the contract bond was concluded at least KRW 100 million in light of the foregoing legal principles, i.e., the total purchase contract amount of this case at issue was determined as follows.

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