손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and that part.
1. The reasons for the court's explanation in this part are as follows. The court's explanation in this part is as follows: 13, 15, 16, 17, 17, and 18, 17, 16, 17, and 16, 17, and 16, 17, and 16, and the corresponding part of the judgment of the court of first instance, except for adding the following contents to the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act
From among judgment documents in the first instance court, the 13 pages 15 to 16 pages shall be amended as follows:
2) Determination A) In principle, in a case where a claim for damages is filed as well as a rescission of a contract on the grounds of nonperformance, the benefit the obligee would obtain through the performance of the contract, i.e., compensation for the benefit of performance. However, the obligee may seek compensation for the expenses incurred by the obligee, i.e., the expenses incurred by the obligee, i., the cost normally incurred in the conclusion and performance of the contract, among the trust interest, regardless of whether the other party was aware or could have known as ordinary damages, and the excess cost may seek compensation for damages only in a case where the other party knew or could have known of it as damages for special circumstances.
Compensation for such expenses is recognized to facilitate the verification if it is difficult to prove the performance interest. In this case, the damages suffered by the creditor, i.e., the scope of performance interest, should not exceed the scope of performance interest.
(See Supreme Court Decision 2002Da2539 Decided June 11, 2002, and Supreme Court Decision 2015Da235766 Decided February 15, 2017). (2) The Plaintiff is a performance profit, which is KRW 5,092,14,00, and trust profit of KRW 3,961,368,875, which was incurred in purchasing, installing, and testing equipment and software for the implementation of the instant agreement.