원상회복금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for this decision is as stated in this part of the judgment of the court of first instance, which is the same as that of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's defense of set-off
A. The summary of the Defendant’s counterclaim is that a contract for the supply of goods that the Defendant would develop and manufacture the knives and knives created by the air-conditioning and deliver them to the Plaintiff (hereinafter “instant contract”) is a contract.
However, even though the defendant was in the production of knife and Doma, the contract of this case was terminated by the plaintiff's declaration of intent to cancel the contract.
Therefore, the plaintiff is liable to compensate the defendant for the damages sustained by the defendant under Article 673 of the Civil Code.
In addition, the amount of damages suffered by the defendant is the total amount of the expenses already paid by the defendant and the profits that the defendant would have accrued if the work was completed. The only expenses of the defendant are 161,848,659 won.
Therefore, the defendant has a damage claim of KRW 161,848,569 against the plaintiff, and offset the damage claim against the plaintiff's restoration claim against the defendant.
B. First of all, we examine whether the contract in this case is a contract for work, and the so-called production supply contract under which one of the parties agrees to supply goods made by using his own materials according to the other party's order and the other party to pay the price is the nature of sale and contract as a substitute in terms of sale and supply. Thus, the applicable law also applies to sale and purchase where the goods to be produced and supplied under the contract are substitute goods. However, if the goods are ancillary goods to meet the demand of a specific client, their production together with the supply of the goods are the main purpose of the contract.