손해배상(기)
1. Of the judgment of the court of first instance, the Plaintiff’s KRW 300,000 and its related amount are annually from May 17, 2018 to May 15, 2019.
1. Basic facts
A. On April 10, 2018, the Plaintiff purchased monthly bathing clothes at KRW 1.6 million from the Defendant, who operates an agency for the sale of bathing and bathing services with the trade name called C.
(hereinafter “instant sales contract”). At the time, the Defendant presented to the Plaintiff three kinds of monthly bathing photographs (hereinafter “instant carcing photographs”) as follows, and the Plaintiff selected the bath of the second photograph, the inner space of which is in the shape of the ground bean.
B. Accordingly, the Defendant ordered D, a contractor, the production of a monthly swimming pool and the Defendant requested the production and installation of the monthly swimming pool No. 02.
C. However, at the time, the instant carpeta, which was presented by the Defendant to the Plaintiff, had already been cut in the shape of the ground that was ordered by the Plaintiff at the time, and D, as seen below, had the Defendant’s motion, understood the “blothing beer No. 02” as the second photograph of the “new carpeta” as the following pictures, the inner space shape of the inner space was expressed as a rectangular bath, which is a square type. On April 16, 2018, the Plaintiff’s bath was installed in the Plaintiff’s bath room (hereinafter “instant bath”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff ordered the Defendant to take a bath in the shape of the bean, and the actual installed bathing is a dead-type bath. Thus, the Defendant’s act of having D install the bath in the instant case cannot be deemed as performance in accordance with the terms and conditions of obligations under the instant sales contract.
Therefore, the defendant is obligated to compensate the plaintiff for the damages arising from the plaintiff's nonperformance of obligation.
B. At the time of the establishment of the instant bathing tank, Defendant 1 confirmed the shape of the bathing tank while transporting the instant bathing tank with the person in charge of D, and after the bathing tank was installed, the Plaintiff was installed.