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(영문) 서울고등법원 2015.08.21 2015나2005260
위약금 청구의 소
Text

1. Of the judgment of the court of first instance, KRW 72,00,000 against the Plaintiff and its related thereto from May 9, 2014 to December 24, 2014 to the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and this part of the "5. Conclusion" as stated in Chapters 9 through 9 of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

5. In conclusion, the Defendant is obligated to pay to the Plaintiff a penalty of KRW 72,00,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 9, 2014 to December 24, 2014, the date following the date when the Plaintiff claims performance through the delivery of a duplicate of the instant complaint, which is the date when the first instance court rendered a substantial decision, to dispute on the existence of the obligation and the scope of the obligation, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date when the obligation is repaid.

(1) The plaintiff filed a claim for damages for delay from February 28, 2014 to December 24, 2014. However, since there is no evidence to deem that the defendant's obligation to pay the penalty under the agreement of penalty of this case has set the deadline for the performance of the obligation, the defendant is liable for delay from the time when the plaintiff received a claim for payment from the plaintiff pursuant to Article 387 (2) of the Civil Act, so the defendant is liable for delay within the extent of the above recognition. Thus, the plaintiff's claim of this case is reasonable. Accordingly, the plaintiff's claim of this case is KRW 72,00,000 and its amount shall be 5% per annum from May 9 to December 24, 2014, and the amount calculated at the rate of 20% per annum from the next day to the day of the full payment, and the remaining claims shall be dismissed as it is without merit. The plaintiff's remaining part of the judgment of the court of first instance which partially rejected the claim of this case against the defendant is revoked.

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