손해배상(기)
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. In the first instance trial, the Plaintiff, as the primary claim, sought payment of the amount equivalent to the claim against C Co., Ltd. based on the claim for damages under Article 401 of the Commercial Act or the letter of commitment of this case in relation to the advance payment. < Amended by Act No. 121,830,00,000; Act No. 17030,830,000, and 358,865,765, on the ground of the denial of legal personality of C Co., Ltd.; Act No. 1358,865,765, on the ground of the denial of legal personality of C Co., Ltd.
In this regard, the first instance court dismissed the claim for damages under Article 401 of the Commercial Act among the main claim and the conjunctive claim, and rejected part of the claim for monetary payment based on each of the obligations of this case among the conjunctive claims.
As to this, the Defendant appealed against the cited portion of the claim for monetary payment based on each of the instant commitments among the conjunctive claims, the subject of the judgment by the court is limited to the claim for monetary payment based on each of the instant commitments among the conjunctive claims cited as above.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except where the defendant adds the following “3. Additional Judgment” as to the assertion emphasized or added by the court of first instance. Thus, it shall be cited as it is in accordance with the main sentence of Article
3. Additional determination
A. The Defendant’s assertion 1) The other party to whom the Defendant is responsible pursuant to each of the instant commitments is not the Plaintiff, but the other party to whom the Defendant is responsible pursuant to the instant commitments. 2) After formulating each of the instant commitments, there was a change in circumstances that the executor of the progress payment changed from C to the Plaintiff. As such, each of the instant commitments became invalid due to changes in circumstances.
3. This.