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(영문) 인천지방법원 2018.08.29 2017나69451
위약금
Text

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.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) although the Defendant had a duty to faithfully perform the sales agency business according to the sales agency contract of this case, it violated the above duty by arbitrarily concluding the sales contract with E, the seller, and by adding the special agreement of this case.

As a result, B and C paid damages of KRW 113,66,829 to E, and the Plaintiff incurred damages of KRW 116,000,000 as the amount of indemnity upon the above two persons’ claim for reimbursement, so the Defendant is obligated to pay the Plaintiff the damages of KRW 110,000,000 as part of the amount of indemnity and damages for delay.

② The Defendant is liable to pay the Plaintiff the same amount as damages for non-performance of the special agreement, since it did not implement the special agreement, even though it agreed to assume and perform the obligation of the Plaintiff.

③ Even if the Defendant’s direct responsibility with respect to the instant special agreement on domestic affairs is not recognized, on September 5, 2012, the Defendant’s employee: (a) prepared and delivered to the Plaintiff a written confirmation (Evidence A 3; hereinafter “instant confirmation document”); and (b) the Plaintiff was unaware of the duty to prepare a written confirmation; (c) the Defendant is also obligated to pay the same amount of damages in accordance with the said agreement.

B. (1) In full view of the following circumstances, the preparation of a contract for sale in lots seems to be obvious that it is the Plaintiff’s business, and the Defendant’s arbitrary objection thereto, by taking into account the following circumstances acknowledged as a whole by examining the determination of the assertion of violation of obligations under the contract for sale in lots, the entry of evidence Nos. 1 and 10, and the testimony of witness F of the first instance trial.

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