損害賠償 豫定額의 職權減額上 參酌의 基準時와 參酌 事由 - 부동산 매매계약에 있어서 ‘解除 후 時價의 變動’이 참작사유로 될 수 있는가? (대상판례 : 2004. 12. 10. 선고 2002다73852) -
Bibliographic record
Abstract
This article is on the liquidated damage and the mitigation in Korean civil law. In a real estate sale transaction case in which a buyer made a breach of the contract but the seller resold it to the 3rd party so successfully that the seller recovered more than he lost, the Korean Supreme court held that the liquidated damage should be limited to 50% considering his recovery. The author is of opinion that the seller might recover the liquidate damage in full in spite of the fluctuation of the market price. The author is mentioning the duty of mitigation, the assessment of damage, the time of the assessment of damage in Canadian law and other related common law cases in a perspective of comparative legal studies.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.002 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.009 |
| Scholarly communication | 0.007 | 0.005 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.004 | 0.003 |
| Insufficient payload (model declined to judge) | 0.016 | 0.003 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".