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=S=> BGB 343. 1 If a payable penalty is disproportionately high , it may on the application of the obligor be reduced to a reasonable amount by judicial decision . In judging the appropriateness , every legitimate interest of the obligee , not merely his financial interest , must be taken into account . Once the penalty is paid , reduction is excluded .
=S=> BGB 343. 2 The same also applies , except in the cases of sections 339 and 342 , if someone promises a penalty in the event that he undertakes or omits an action .
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