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(영문) 의정부지방법원 2016.01.28 2015나52627
위약금
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 of this case is as stated in the reasoning of the judgment of the court of first instance except for the following cases. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the decision of the first instance court shall be subject to " April 8, 2014" in Part 4 as " April 8, 2013."

The 4th to 5th of the decision of the first instance shall be followed as follows.

According to the above facts, the defendant is obligated to pay to the plaintiff 10 million won and the damages for delay at each rate of 5% per annum prescribed by the Civil Act from May 11, 2013 to April 14, 2015, which is the date the court of first instance rendered a ruling that it is reasonable for the defendant to dispute as to the existence of the obligation to pay damages and the scope of the obligation to pay damages to the plaintiff from May 11, 2013, which is the day following the due date changed in accordance with the payment agreement of the penalty of this case and the monetary amount pursuant to the payment agreement of this case to the payment agreement of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment."

"G means that G (on behalf of the defendant) stated that "I would like to think about what I would have violated since the content of the instant development agreement was violated at the time, and that I would like to think about the fact that I would have violated the instant development agreement at present. I would like to think about what I would have violated."

2. In conclusion, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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