손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is written or added as follows. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
2.In addition, the following shall be added between the third 20 pages and 21 of the judgment of the first instance.
“(3) The Plaintiff refers to the production method in which the Defendant presented a sample to the Chinese factory and finished products and all of the production methods that the Defendant is responsible for the production company from the purchase of raw materials to the production company; hereinafter “wholly incorporated method”).
) Since the instant contract was concluded on the condition that a product is produced, the Defendant would not pay the price if there is a defect in the goods supplied by the factory of China. However, the Defendant refused to supply the goods to the Plaintiff on the ground that there is a defect in the goods, which constitutes “Refusal to perform” where the Defendant expressed his/her intention not to perform the contract without any reasonable grounds. Article 3 subparag. 21 of the judgment of the first instance court (3) of the judgment of the first instance is “(4).”
Part 3 of the judgment of the first instance court shall be 21 "Non-performance of obligations" as "non-performance of obligations due to breach of contractual obligations or non-performance of obligations".
In the fourth sentence of the first instance judgment, the term “30 million won” in the second sentence shall be read as “30 million won or at least 25 million won [=30 million won - the amount of investment loss to be borne by the Plaintiff pursuant to Article 3(4) of the contract of this case (=the amount of KRW 12.5 million paid as down payment x the ratio of Plaintiff’s loss burden 4/10)”.
In the light of the 5th page 11 of the judgment of the first instance court and the 5th page 11, the following contents shall be added:
3. The Plaintiff’s false information, such as informing the Plaintiff of the manufacture of clothing in the E-N plant where the Defendant did not actually exist.