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(영문) 대구지방법원 2019.09.25 2019나164

위약금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff asserted that the Plaintiff entered into a contract for the manufacture and installation of containers with the Defendant (hereinafter “instant contract”), and paid 1.4 million won out of 2.8 million won to the Defendant as down payment.

The Plaintiff requested the Defendant to install a container several times pursuant to the instant contract, but the Defendant failed to perform this, and thus, the Plaintiff seek against the Defendant for the payment of KRW 2.8 million, a double of the down payment and the delay damages therefrom, as the down payment and the penalty.

2. The following circumstances acknowledged by adding the whole purport of arguments to the statements or images of Gap evidence Nos. 1, 2, and 4, namely, ① the contract of this case stated the "high speed work expense separate" in the "high speed work expense" column, ② the land of Gyeongbuk-gun, the place where a container is to be installed, is connected to the non-packaged road, and thus requires the cooperation of the plaintiff, such as the lease of Poils, etc. in order to install a container at this point; ③ the plaintiff acknowledged the above cooperation duty, ③ although the plaintiff acknowledged the above cooperation duty, the plaintiff argued that the lease of Poils was the "day" to the defendant, it appears that the plaintiff did not have any evidence to acknowledge it (if the defendant introduced the article to the plaintiff at the plaintiff's request, it is difficult to recognize that the plaintiff's above cooperation duty was extinguished merely on the ground that the defendant already completed the manufacture of the ordered container by the plaintiff).

It is insufficient to recognize that the refusal has been made, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim under the premise that the contract of this case was lawfully rescinded due to the defendant's delay of performance or non-performance.

3. The plaintiff's conclusion