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(영문) 서울중앙지방법원 2017.09.07 2017나17305
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 26,802,429 against the Plaintiff regarding Defendant Sungwon Co., Ltd. and the aforementioned amount on November 19, 2015.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the pertinent part is dismissed or the judgment of the Defendants is added to the new argument by this court, and thus, it is identical to the ground of the judgment of the court of first instance.

2. The addition or dismissal of the part in the judgment of the court of first instance shall be construed as “an obligation to pay damages for delay to a person who is liable to pay damages for delay to such person” from No. 5 of the judgment of the court of first instance No. 7.

The following judgments shall be added to the 10th of the first instance judgment and the 12th of the second instance judgment:

E. The Defendants asserted that the amount of damages equivalent to the security deposit should be reduced according to the instant contract. Thus, as seen earlier, the provisions to revert the contract bond to the National Treasury under Article 8(1) of the General Conditions to be incorporated into the instant contract constituted an estimate of damages. As such, the court may reduce the amount of damages in an unreasonable case where the estimated amount of damages is unreasonably excessive pursuant to Article 398(2) and (4) of the Civil Act.

The phrase “unfairly excessive cases” under Article 398(2) of the Civil Act refers to cases where the payment of the estimated amount of damages is deemed to result in the loss of fairness by imposing unfair pressure on the debtor in the position of the economically weak in light of the general social concept, considering all the circumstances such as the individual position of the creditor and the debtor, purpose and content of the contract, the motive scheduled for the amount of damages, the estimated amount of damages, the ratio of the estimated amount of damages to the amount of debts, the estimated amount of damages, the size of the expected losses, and the transaction practices at the time. Meanwhile, in order to determine whether the estimated amount of damages is unreasonably excessive or not, or the scope of reasonable reduction is to determine whether the estimated amount of damages is unfairly excessive according to the application of the above provision, the court makes a concrete decision, namely

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