손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The party's assertion
A. The Plaintiff’s assertion (i) on January 2, 2017, the Plaintiff entered into a contract with the Defendant for construction of one factory, one office, and one exhibition room on the ground of both weeks owned by the Defendant, setting the construction cost at KRW 750 million. On February 2, 2017, the Plaintiff entered into a contract with the Defendant, and entered into a construction work on the site, such as the sn beam beamline, etc. for construction work. On February 2, 2017, the Defendant unilaterally reversed the contract with the Plaintiff and entered into a contract with the Nonparty Company D. As such, the Plaintiff is obligated to compensate for damages, such as material cost of KRW 25,500,00, sand trading work cost of KRW 2,070, KRW 480,000, KRW 550,000, KRW 100,000, KRW 100,000, KRW 100,000.
Shebly, even though it is not so, the defendant has a duty to compensate for the above damages because the defendant unfairly reversed the plaintiff's legitimate trust during negotiations for the conclusion of the contract with the plaintiff.
B. Around December 2016, the Defendant: (a) ordered the removal of an existing factory to Nonparty E to build a new factory; and (b) the Plaintiff was awarded a subcontract for the removal from E.
However, the Plaintiff requested the Defendant to conclude a contract for the construction of a new factory because it is possible for the Plaintiff to build a new factory using a heavy scrap metal, and the Defendant also delivered the construction plan to the Plaintiff, but it contracted the construction of a new factory to D due to the reasons such as the construction size and the Plaintiff’s no construction license.
2. Determination
A. In order to establish an unfair reversal of a contract after the conclusion of the contract, there is a need for agreement between the parties on all matters constituting the content of the contract in question, and the agreement on such essential matters or important matters is required, but there is a specific agreement between the parties or at least on standards and methods that can be specified in detail in the future.