손해배상(기)
1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The reasoning of the court's explanation of this case is as stated in the part of the judgment of the first instance, except where the plaintiff added a new argument and its judgment at the court of the first instance as follows. Thus, this part of the reasoning of the judgment shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff, when concluding the instant soundproof-market supply contract, indicated “requirements for satisfaction of road construction specifications” as indicated in the lower part of the order (Evidence A) and supplied soundproof-markets that failed to meet the said conditions despite the Defendant’s consent, asserting that the Defendant is liable to compensate the Plaintiff for damages caused by nonperformance of the obligation.
The testimony of the witness C of the first instance trial alone is insufficient to recognize that the conditions at the lower end of the above order form the content of the instant soundproof board supply contract between the Plaintiff and the Defendant, and there is no other evidence to support this otherwise. Thus, the Plaintiff’s above assertion is without merit.
3. Accordingly, the plaintiff's claim for damages caused by tort is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as well as the claim for damages caused by selective non-performance of obligation added in the court of first instance is dismissed as it is without merit.