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(영문) 서울남부지방법원 2018.07.05 2018나50862
위약금 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 1,140,000 won to the plaintiff and its related expenses on April 1, 2016.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act, excluding the following reasons.

2. The entry shall be made by the following formula from "the defendant" in Part II to "the point of entry" in Part II to "the 12 of the judgment of the court of first instance."

Article 9 of the Agreement on Penalty for breach of Contract of this case (see Article 9 of the Agreement) provides that the customer shall pay the same penalty for breach of contract in any case or in any case, without distinguishing the cases where the contract is terminated due to a cause attributable to the customer, such as the cancellation of the contract or the transfer of his business, etc. for any special reason for which the continuous performance of the contract is difficult, and the default on payment of service charges, etc., and where the contract is terminated due to the cause attributable to the customer, such as the cancellation of the contract, and the default on payment of service charges. If such penalty provisions are applied as they are applied, the customer’s right to termination of the contract, which caused the inevitable cause,

Since the defendant is obligated to pay to the plaintiff a penalty of 1,140,000 won and damages for delay calculated by the rate of 24% per annum from April 1, 2016 to the date of full payment under the instant contract (see Article 9 subparag. 5 and Article 7 subparag. 3 of the instant contract) with respect to the penalty of 1,140,000 won and the damages for delay calculated from April 1, 2016 to the date of full payment (the plaintiff claims damages for delay from March 16, 2016 to the date of full payment).

However, according to the instant contract (see Articles 9 subparag. 4 and 5 of the instant contract), the period of repayment of penalty is the date of cancellation (the date of removal of equipment). According to the purport of the entire pleadings, the Defendant expressed his/her intent to terminate the instant contract to the Plaintiff around March 15, 2016. Accordingly, the Plaintiff removed relevant equipment around March 31, 2016, and then the Plaintiff removed the relevant equipment from April 1, 2016 to October 31, 2017.

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