손해배상
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The reasons stated in this part are the same as the entry of the first instance court’s “1. Basic Facts” in the judgment, except for those written by the court as follows. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The fourth 16-18 of the judgment of the first instance court shall be followed as follows.
“제5조 대가(CONSIDERATION) 피고가 아래 기재된 의무를 이행한 대가로 원고는 아래 명시된 방식에 따라 피고에게 총 47만 유로를 지급하여야 한다. (As consideration for HEICO's performance of its obligations hereunder, Hankook shall HEICO up to the sum of Four Hundred and Seventy Thousand Euros(�470,000.00) payable in the following manner)“
B. The fifth 18-19 of the judgment of the court of first instance shall be followed as follows.
“b. 본 계약이 해지될 경우, 원고는 본 계약 해지일 기준 미지급된 (분할)대금을 지급하거나 본 계약서 제3조에 명시된 것으로서 미이행된 지원을 완료할 의무를 부담하지 아니한다. (Upon termination of this Agreement, Hankook has no obligation to pay outstanding installment or make any outstanding contribution set forth in Article 3 as of the date of termination of this Agreement)“
2. The parties' assertion
A. The summary of the Plaintiff’s assertion 1) The instant contract was automatically terminated upon the lapse of July 31, 2012 in accordance with Article 2 of the instant contract, since the original Defendant did not have agreed to renew the contract by August 31, 2012. The Defendant did not participate in the Spapa held on July 28, 2012 among each of the instant competitions. On the other hand, Article 9(c) of the instant contract is “the payment provided for in Article 5 of the instant contract (hereinafter “the payment”) that the Defendant received from the Plaintiff.”
(1) A person shall return support payments corresponding to the Games, which have not participated in the Games in proportion to each other.
‘' is defined to the effect that it is ‘.
Therefore, the Defendant entered into the instant contract with the Plaintiff.