1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On October 7, 2014, the Seoul Western District Court Decision 2014ss money8753, which the Plaintiff filed against the Defendant, the conciliation was established that “the Defendant shall deliver to the Plaintiff the four main parts of the four main parts of the four main parts kept in the New Textiles Co., Ltd., Ltd. (hereinafter “instant main parts”) located in Ysan-si (hereinafter “instant conciliation”).

B. The original unit of this case, around December 7, 2013, determined the price of USD 8.29 to the Plaintiff and ordered the production, and was supplied to the Defendant on or around January 2014.

The Defendant returned the original body to the Defendant on the ground that it is different from the original body ordered by the customer who was supplied with the original body of this case by the Defendant, and thus, the Defendant stored it in the new fiber Co., Ltd., the customer.

C. On November 10, 2014, the Defendant urged the Plaintiff to take over the instant headquarters until December 31, 2014, after the completion of the conciliation under the foregoing paragraph (a).

On July 2015, the Plaintiff was notified that the Plaintiff may take over the original body of this case after paying storage fees from New Franchi Co., Ltd., but did not accept it.

A New Fran Textiles Co., Ltd. sold the original body of this case at the level of KRW 500 per kg on November 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 3, and 12, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant had a duty to deliver the original body of this case to the plaintiff without the plaintiff's permission, and the defendant's duty to deliver the original body of this case to the plaintiff was impossible.

The plaintiff suffered losses equivalent to the value of the original group of this case.

The Defendant is obligated to pay USD 9,765.62 to the Plaintiff due to the nonperformance of obligation ($ 1178km x USD 8.29).

B. The nature of the judgment obligation or the declaration of the parties.