손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The cause of the instant claim is as shown in the reasons for the instant claim, and the fact that the Defendant was entrusted by the Plaintiff to produce slot trading, etc., which is a part necessary for the manufacture of marina, and that the Defendant received down payment of KRW 2 million from the Plaintiff is not a dispute between the parties.
2. The Plaintiff, upon waiver of the manufacture of the above parts, sustained damages equivalent to KRW 37.4 million as seen in the grounds for the attachment, as seen in the grounds for the attachment, and sought payment of KRW 43.4 million in total to the Defendant, including compensation of KRW 37.4 million and consolation money of KRW 4.4 million and refund of KRW 2 million paid down payment.
In regard to this, the Defendant completed the manufacture of the first-lane crowdfunding, etc. at the Plaintiff’s request, but at the Plaintiff’s request, the Defendant demanded the Plaintiff (the original ordering person) to change the said slot market to make a new production. As such, the Plaintiff changed the design drawing reflecting the change, but did not provide the design drawing, and the Plaintiff did not perform the work any longer, and thus, the Plaintiff is liable for nonperformance of the contract. Therefore, the instant claim of this case is unjust.
In other words, the plaintiff asserts that the design drawing was unfair because the defendant originally prepared to prepare for it.
On the other hand, as alleged by the Defendant, the fact that the Defendant completed the manufacture of one-lane crowdfunding, etc. as argued by the Plaintiff, and the fact that the Defendant requested to provide design drawings and did not comply with the request for alteration does not conflict between the parties. Meanwhile, in full view of the purport of the entire pleadings, the Defendant was merely offered only the function or outline of the relevant parts in the production of crowdfunding, etc., and did not receive any separate design drawings, and was manufactured once by the technology and know-how, which he had acquired with his production experience, and the relevant parts were requested to be modified in accordance with its needs. However, the Defendant demanded the alteration construction on the part of the Plaintiff.