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(영문) 부산지방법원 2020.11.11 2020나46806

손해배상(기)

Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. In the first instance court, the Plaintiff filed a claim for restitution and a claim for damages against the Defendant. The first instance court partly accepted the part of the claim for restitution and dismissed the part of the claim for damages.

In this regard, the defendant only appealed against the part of the claim for restitution, which is subject to the adjudication of this court, is limited to the above cited part of the claim for restitution.

2. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 8 (including paper numbers), the plaintiff engaged in plastic production and the defendant engaged in gold production contracts on September 19, 2017. According to the above contract, the defendant shall make and deliver a set of gold within 70 days, and the plaintiff shall pay the set of gold in advance if there is no error in the set of money production and shall consult with the plaintiff about the problem settlement when the matter arises. The plaintiff revoked the contract with the defendant on February 6, 2018, 300,000 won on March 28, 2018, 300,000 won on July 17, 2018, and 90,000 won on July 17, 2018, 2000 won on which the above contract was made, and the plaintiff did not complete the contract with the defendant on July 28, 2018.

According to the above facts, the defendant is judged to have failed to perform the obligation under the above contract and to have a principal responsibility for it to the defendant. The plaintiff's content-certified mail as of April 8, 2019 is the contents-certified mail.