기타(금전)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, including the conclusion of an agreement between the original and the Defendant, intends to operate the “D” along with C. On May 10, 2016, the Plaintiff is limited to Co., Ltd. E (hereinafter “E”), and the F’s indication also omits the description of the “Co., Ltd.”.
A contract was entered into with the Defendant, who is a person in charge of non-legal affairs, on the part of the Defendant regarding the scope of open events. The content of the contract was that the Defendant, on May 27, 2016, excluded from the “G” the number of “G” belonging to F, and all the responsibility for the entire interference in the event was against the Defendant.
On May 13, 2016, the Plaintiff paid KRW 50,000 to the Defendant on the day of the contract, and the Defendant concluded a contract on F and G club contributions through E for open events.
After that, on May 10, 2016, the Plaintiff’s club was not completed, and its open event was postponed on June 1, 2016 and changed into H’s contribution.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and Eul evidence 1, 2, and 4, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The summary of the Plaintiff’s claim is that, inasmuch as all the responsibility for the overall matters in addition to the exercise interference under the contract lies in the Defendant, the Defendant is demanding the return of the contract price and the payment of the delay damages.
B. According to the above, the defendant's obligation to contribute out of water to the open events of the plaintiff's club is a debt that cannot be fully performed without the plaintiff's cooperation. The defendant's obligation is not completed by the time scheduled for the exercise of the plaintiff's club, and the defendant's obligation cannot be performed as a result due to the failure of the plaintiff's platform to be completed by the time scheduled for the exercise.
Thus, the defendant's default is caused by the plaintiff's cause attributable to the delay in the performance of the contractual obligation, and the plaintiff seeks the return of the contract amount already paid to the defendant.