손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The Plaintiff filed a claim against the Defendant for restitution of KRW 1,804,00 following the rescission of the contract, and KRW 69,937,500 for liability for damages arising from nonperformance of the contract. The first instance court accepted the claim for restitution in its entirety, and partly accepted the claim for compensation of KRW 6,50,000 for the purchase of materials.
As a result, the plaintiff is dissatisfied with only 18,00,000 won and damages for delay that the plaintiff paid to B corporation as the damage compensation liability, among the damages for default, the decision is limited to that.
2. The reasons for this part of the underlying facts are as stated in Paragraph 1 of the judgment of the court of first instance, except that the witness D’s testimony of the third party 16 of the judgment of the court of first instance is deemed as “07:40” and the third party 16 of the judgment of the court of first instance as “the testimony of the witness D of the court of first instance”. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Assertion and determination
A. While the Plaintiff’s assertion during the instant work, the process of paper production was delayed due to the Defendant’s fault, resulting in damage to C. The Plaintiff paid KRW 18,00,000,000 to B as compensation for damage.
The Defendant was also aware of the special circumstances that the instant work was subcontracted from Section C, and that the Plaintiff was awarded a subcontract from Section B.
Therefore, the defendant is liable to compensate the plaintiff for the above KRW 18,00,000, which is the damage suffered by the plaintiff as the contract of this case was impossible to be implemented due to the defendant's fault.
B. According to the evidence stated earlier and the evidence stated in the evidence Nos. 8 and 9, C claimed KRW 31,100,000 as compensation for damages incurred due to delay in PLC recovery hours (from October 19, 2015 to August 23:00 on the following day) of PPE PE PEL to October 30, 2015, and that B claimed KRW 31,100,000 for the damages incurred on November 12, 2015, and that the Plaintiff claimed KRW 31,100,000 for the damages incurred on November 12, 2015, and that Section B claimed KRW 31,100,000 for the damages incurred on October 2, 2016.