손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion and judgment
A. The plaintiff asserts to the following purport.
The Plaintiff operating a built-up plant in the name of “C” entered into a contract with the Defendant who operates the destroyed-up vessel to supply the destroyed-up vessel to the Plaintiff from October 2016 to January 2017.
Therefore, even though the Plaintiff paid KRW 50 million to the Defendant as advance payment on September 30, 2016, the Defendant violated the above contract and did not deliver the destroyed goods to the Plaintiff during the above period, and directly built the destroyed goods at the Defendant’s workplace.
The plaintiff suffered damages of KRW 270 million due to the defendant's violation of the above contract.
Therefore, the defendant is obligated to pay to the plaintiff KRW 100 million, which is part of the damages caused by breach of contract, and damages for delay.
B. According to the records of Gap evidence Nos. 3, it is recognized that the plaintiff transferred 50 million won to the defendant on September 30, 2016, but it is insufficient to recognize that the above facts of recognition and the records of evidence Nos. 2, and the images of evidence Nos. 4 and 5 were concluded between the plaintiff and the defendant as alleged by the plaintiff, and there is no other evidence to prove otherwise.
Rather, comprehensively taking account of the purport of the entire pleadings as to the statements in subparagraphs 1 through 4 above, the defendant prepared a loan certificate against the plaintiff 50 million won that the defendant received from the plaintiff, and the plaintiff and the defendant settled the destroyed amount that the defendant delivered to the plaintiff around September 30, 2016, and the settlement amount is 4.74 billion won. The defendant pays 45.26 million won to the plaintiff after deducting 4.7 billion won from 5,000 won remitted by the defendant around May 10, 2017, and it is recognized that the defendant remitted 5 million won to the plaintiff as interest for the above 5.7 million won on September 15, 2017.
Therefore, the plaintiff's above assertion is accepted without examining further the amount of damages.