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(영문) 서울동부지방법원 2020.07.08 2019나24935

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In the first instance court, the Plaintiff sought restitution due to rescission of a contract, and compensation for property damage due to nonperformance. The first instance court accepted the claim for restitution among them, and dismissed the claim for compensation for property damage.

Therefore, since only the plaintiff appealed to dismiss the claim for damages on property, the object of this court's adjudication is limited to the claim for damages on property that was dismissed as above.

2. Occurrence of liability for damages caused by the Defendant’s failure to produce the website;

A. (1) On December 20, 2017, the Defendant concluded a contract between the Plaintiff and the Plaintiff to produce and supply the Plaintiff the Plaintiff’s website for the Plaintiff’s health appliances sales business (hereinafter “instant website”) (hereinafter “instant contract”) by February 14, 2018.

On the homepage of this case, electronic settlement function was scheduled to be installed.

(2) The Defendant failed to complete the creation of the instant website by February 14, 2018, and the production of the instant website was not completed even until March 9, 2018, which was the extended date, notwithstanding the Plaintiff’s notice of performance.

(3) On May 18, 2018, the Plaintiff notified the Defendant of his intent to rescind the instant contract on the grounds of the Defendant’s nonperformance and sent the e-mail to the Defendant on the same day.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

B. According to the facts of the above recognition, the instant contract was lawfully rescinded on May 18, 2018, where the notice of cancellation given by the Plaintiff on the ground of the Defendant’s failure to perform his/her duty to produce the website was delivered to the Defendant.

Therefore, the defendant is liable for damages to the plaintiff.

3. Scope of damages.

A. The Plaintiff’s assertion and the Plaintiff’s claim for the payment of KRW 9.4 million and damages for delay.

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