[손해배상청구사건][고집1981민,276]
Compensation for damages caused by incomplete performance of an obligation
In a case where the Defendant, a distributor, delivered sickia infected with infectious active disease without delivering a healthy pathology to the Plaintiffs, as a whole, pursuant to the main text of the contract for the supply of the first generation between them, he is liable to compensate the Plaintiffs for damages caused by the incomplete performance, barring special circumstances.
Article 390 of the Civil Act
Plaintiff 1 and three others
Defendant
Gwangju District Court (78Gahap507)
1. Of the judgment of the court of first instance, each part of the plaintiffs' loss against which payment order is issued next shall be revoked.
2. The defendant shall pay to the plaintiff 1 an amount of KRW 1,827,70, KRW 2,872,100, KRW 2,112,910 to the plaintiff 3, KRW 1,718,820 to the plaintiff 4, and an amount of KRW 1,718,820 per annum from October 8, 1978 to the date of full payment.
3. All remaining appeals by the plaintiffs and the defendant are dismissed.
4. The total costs of the lawsuit are three-minutes, one of which is the plaintiffs, and the other is the defendant's own burden.
5. Paragraph 2 can be provisionally executed.
The defendant shall pay to the plaintiff 1 the amount equivalent to 3,80,000 won, 6,000,000 won to the plaintiff 2, 4,000,000 won to the plaintiff 3, and 3,300,000 won to the plaintiff 4, and the amount equivalent to 5% per annum from the next day from the day of service softened to the full payment.
The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.
The part of the judgment of the first instance against the plaintiff shall be revoked.
The defendant shall pay to the plaintiff 1 the amount equivalent to 3,016,700 won, 4,769,100 won, 3,493,610 won to the plaintiff 3, 2,606,220 won, and 2,606,220 won to the plaintiff 4, and the amount equivalent to 5% per annum from the next day from the day of service softened to the full payment.
The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution, which shall be assessed against all of the first and second trials.
Among the judgment of the first instance court, the part against the defendant shall be revoked, and all plaintiffs' claims corresponding to the revoked part shall be dismissed.
All the costs of lawsuit shall be borne by the plaintiffs in the first and second instances.
In light of the whole purport of pleadings by Non-Party 1, Non-Party 2, Non-Party 3, 4, 5, and Non-Party 6's testimony at each address without dispute over the establishment of Gap evidence Nos. 1 through 5 (each statement in the appraisal report, the appraisal report) and the first instance court witness Nos. 1, 2, 3, 4, 5, and the first instance court witness No. 6, the plaintiffs are those who engage in the mass farming business at each address, and the defendant has been engaged in the business of salperium and sales at each address. During the period from February 21, 1978 to April 25, 1978, the plaintiff 1 was dismissed from the defendant from the first half of the first instance court's 1,00 vegetable vegetable 1,00 vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vesium.
According to the above facts of recognition, the defendant, who is Syurie and distributor, is liable for damages suffered by the plaintiffs due to incomplete performance, unless there are special circumstances, in accordance with the terms of the contract for the supply of the first generation in accordance with the nature of the contract for the supply of the first generation in advance between the plaintiffs, who are both parties, and in violation of the contractual obligation to deliver the healthy pathal disease to the plaintiffs.
Therefore, with respect to the scope of damages suffered by the plaintiffs, the fact that half of the first generation of the plaintiffs purchased in lots was 40 days before and after the growth of the plaintiffs, and the fact that the death of the plaintiffs reached the death of the plaintiff. According to the contents of the reply to the fact inquiry in the first instance and the purport of the oral argument, the market price of the Byung-ri raised for 40 days at the time of the closure of the case can be recognized as equivalent to 746 won. The part of the testimony (except the part trusted in the above) of the non-party 1 and 5, which are part of the non-party 1 and 5, are contrary to the non-party 1,611,00 won (excluding the part trusted in the above), since the non-party 1 and the damages suffered due to the death of the plaintiff 2 were 2,611,00 won (7,00 x 2 x 746), the amount of damages suffered by the plaintiff 2 was 4,103,000 won (1 x 23646).46
The plaintiffs claim compensation for damages suffered by the plaintiffs due to the contamination of hospital germs in the guidance of the instant case and the impossibility of using the guidance for the next one year. However, the reason for the death of the medical history of the instant case is not due to the contamination of the fraternity, but due to the infection through the incubation column. In addition, there is no evidence to acknowledge the damages of the plaintiffs due to the incubation other than the testimony of the non-party 1 who is not believed to be a party member, so the above part of the plaintiffs' claim is groundless.
Therefore, the defendant is obligated to pay to the plaintiff 1 the amount of 2,611,00 won, 4,103,000 won to the plaintiff 2, 3,019, 300 won to the plaintiff 3, 2,412,60 won to the plaintiff 4, and 3,412,600 won to the plaintiff 4, and damages for delay at the rate of 5% per annum from October 8, 1978 to the full payment date, which is obviously the day after the copy of this case was served to the defendant as requested by the plaintiffs, and as such, the plaintiff's claim for this case is reasonable within the above limit of the above recognition. Since the judgment of the court of first instance is unfair in part with the party members, the part of the plaintiffs' claim corresponding to the money as stated in the Disposition 2 of the judgment of the court of first instance is revoked, and all appeals by the plaintiffs and the defendant are dismissed as to the remainder of the plaintiffs and the defendant's appeal are without merit, Article 96, 95 and 99 of the provisional execution Act.
Judge Lee Jae-soo (Presiding Judge)