TITLE	Supreme Court en banc Decision 2018Da248855, 248862 Decided July 21, 2022 ¡¼Damages (Etc.); Punishment for Breach of Contract¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] In a case where parties to a contract agreed on the payment of damages in the event of nonperformance of obligations, methods for determining whether damages set forth in a damages clause constitute either liquidated damages or penalties for breach of contract, and cases where damages should be considered a contractual penalty [2] Whether the amount of penalties can be reduced by applying mutatis mutandis Article 398(2) of the Civil Act concerning liquidated damages

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