beta
(영문) 대법원 2018.07.11 2017다238851

손해배상(기)

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court determined that the instant contract was terminated by the Defendant’s failure to pay the rent on the grounds as indicated in its reasoning, and that the Defendant’s assertion that the Plaintiff failed to pay the rent due to the Plaintiff’s failure to collect aggregate due to the Plaintiff’s failure to obtain additional permission to collect aggregate by obtaining permission to collect earth and rocks, the lower court determined that the Defendant’s failure to pay the rent

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. In so doing, the court below did not err by misapprehending the legal principles on the liability for nonperformance or by misapprehending the reasoning

2. On the ground of appeal No. 3, the lower court determined as follows: (a) the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,00,000 per month from November 1, 2014 to the completion date of delivery of each of the instant land; and (b) the Defendant is obligated to pay the Plaintiff the amount of KRW 832,650,000 as compensation for damages incurred due to nonperformance of the duty to recover, and

In light of the relevant legal principles and records, although the reasoning of the lower judgment is partially inappropriate, the lower court’s conclusion is acceptable.

In doing so, there is no error by misapprehending the legal principles on the scope of damages or by mistake of facts.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.