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(영문) 서울서부지방법원 2018.11.14 2018가단213029

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs entered into a contract with the Defendant prior to marriage (i.e., stelographing prior to marriage, marriage type photographing), and paid the Defendant totaling KRW 3.5 million on September 15, 2015, and KRW 1.5 million on October 21, 2015.

B. Although the Defendant delivered the original file of the Pipe photograph to the Plaintiffs, the pictures of the type of marriage were deleted due to the defect in the Meo card in which the original file is stored, and were not delivered.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1-3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiffs were unable to give a wedding photograph to the Plaintiffs, and the Defendant expressed the efforts to recover the damage by promising to create a new family photograph, a white-day photograph, and a protruding photo. However, the Defendant suggested not only that the family part of the family for family photographing should bear the expenses of the Plaintiff, but also that the Defendant provided the pictures in the piece, which were not a crime, by providing the same.

The Defendant’s failure to perform its duty to deliver photographs under the instant crowdfunding agreement constitutes nonperformance of obligation or tort.

Therefore, the defendant should compensate for the damages suffered by the plaintiffs, that is, the expenses of taking pictures for marriage type, 1.5 million won for taking pictures for marriage type, 1.2 million won for family heading, 42.7 million won for consolation money, 42.7 million won, and damages for delay.

B. The Defendant asserted that, around November 2015, when Plaintiff A et al. or Plaintiff’s side might photograph family pictures, the Defendant would have taken them free of charge, and received a letter on the case of loss of the said marriage photographs.

According to the above agreement, the defendant will take the schedule of photographing the plaintiff's side and his family, and make Alba son as a marriage photograph transmitted by the plaintiff's side and make it to the plaintiffs on February 2, 2018.