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(영문) 서울고등법원 2020.04.22 2019나2043475

손해배상

Text

1. The plaintiff's appeal and the claims extended by this court are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of the reasoning is that the court’s reasoning is as to this part of this part, except that the part of the judgment of the court of first instance, 5 pages 8 and 9 of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 1st of the 1st of the 1st of the 1st of the 1st of the 2nd of the 2nd of the 2nd

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion 1) The Defendant did not deliver the instant consignment to the Plaintiff by August 11, 2016, one month prior to the date of commencement of the business prescribed in the instant consignment contract, and did not perform its duty of delivery. The Plaintiff and the Defendant, through the second and third meetings of the Operating Council, changed the date of commencement of business between the Plaintiff and the Defendant on October 28, 2016; on the condition that the Defendant provided multiple support to the Plaintiff, the Plaintiff is not liable for delay in delivery of the object and commencement of business (hereinafter “instant agreement”).

(2) However, the Defendant did not provide multi-faceted support to the Plaintiff under the instant agreement, and as a result, the instant agreement became effective, the Plaintiff was able to exercise the right to claim damages and the right to cancel the contract against the Defendant due to the delay in delivery of the object and commencement of business. (2) In addition, the Defendant, around June 19, 2017, notified the Plaintiff of the termination of the instant consignment contract and rejected the implementation of the instant consignment contract by closing the instant temke.

3. As such, the Plaintiff terminated the instant consignment contract on the grounds of the Defendant’s nonperformance, the Defendant is equivalent to KRW 7,618,481,287 paid by the Plaintiff from May 12, 2016 when the instant consignment contract was concluded to the Plaintiff from May 12, 2016 to June 19, 2017 when the Defendant notified the termination of the contract.