Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The purport of the Plaintiff’s assertion is as indicated in the annexed sheet and “the changed cause of claim.”
2. In light of the nature of the instant project and the trust relationship between the parties derived therefrom, it is difficult to deem that the Plaintiff is permitted to freely transfer the instant business right.
However, according to the statement in Eul evidence No. 3, it is recognized that the plaintiff transferred the business of this case to C and D on December 9, 2016, and received KRW 20.3 billion as the down payment on the date of the contract.
Therefore, it is reasonable to deem that the instant contract between the Plaintiff and the Defendant was invalidated by the transfer of the Plaintiff’s business right. Accordingly, the claim for penalty of this case is without merit.
In addition, since the project participation contract of this case has become difficult to implement due to the above serious cause attributable to the plaintiff, it is difficult to view the opposing act as an act of breach of duty, which is the cause of penalty.
In this regard, the Plaintiff asserts that even if the instant business right was transferred to another place, the Plaintiff still did not become effective as much as the scope of the business and the scope of the profit for settlement of accounts, as the Plaintiff bears the duty of explanation and resolution of civil petitions against the transferee.
However, it is difficult to view that the Plaintiff’s obligation to bear the above business right transferee is not invalidated only in the contract of this case, but also in the contract of this case.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.