손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The grounds for this part of the underlying facts are as stated in the corresponding part of the grounds of the judgment of the first instance, except for the addition of “the testimony of the witness E” to “the grounds for recognition” as stated in the part of the judgment of the first instance. As such, this part of the grounds are cited in accordance with the main sentence of Article 420
2. Occurrence of liability for damages;
A. The Plaintiff’s assertion 1) did not perform the duty to provide the instant performance hall according to the instant planning group arrangement (Revocation of the instant performance), and as a result, the Plaintiff incurred damages equivalent to KRW 1,19,48,777 in total due to the Plaintiff’s failure to hold the instant performance. Meanwhile, on April 25, 2014, the Defendant agreed to compensate the Plaintiff for the full amount of damages incurred by the Plaintiff due to the Plaintiff’s failure to hold the instant performance. The Defendant primarily agreed to compensate the Plaintiff for the damages pursuant to the main sentence of Article 7(1) of the instant planning group arrangement. The Defendant’s revocation of the instant performance is due to the Sewol ferry, and the Defendant’s revocation of the instant performance constitutes “a war, riot, earthquake, flood, governmental action, inevitable public performance, etc.” under Article 7(3) of the instant planning group arrangement.
On the other hand, the Defendant’s promise to compensate the Plaintiff on April 25, 2014 to the effect that the Defendant would be liable for damages in the event that the Defendant is liable for damages pursuant to Article 7 of the Planning Party Arrangement, and that the Defendant would not be liable for damages regardless of Article 7 above.
Ultimately, neither the mother nor the defendant shall be liable for damages arising from the cancellation of the performance of this case.
B. As to whether the member of the 1st Sewol ferry crew constitutes “the force majeure accident falling under the circumstances of war, riot, flood, earthquake, governmental action, and inevitable performance, etc.” as the grounds for exemption under Article 7(3) of the Arrangement for Planning and Planning of this case, the Health Team and the Sewol ferry staff.