(영문) 서울고등법원 2015.09.02 2015나12057

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(영문) 서울고등법원 2015.09.02 2015나12057

손해배상(기)

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1. The Plaintiff’s appeal (the Supreme Court Decision 2012Da15053 Decided February 26, 2015) against the Plaintiff.

Reasons

1. Scope of the judgment of this court;

A. At the first instance court, the Plaintiff claimed a total of KRW 432,407,805 of the damages under each of the following items, and damages for delay.

① Although the Defendant agreed to issue a letter of recommendation for difficulty in domestic production of the instant vehicle, the Defendant failed to issue it, thereby resulting in the Plaintiff’s failure to incur losses (226,687,549 [214,763,350 won (customs duties and value-added tax) 3,020,000 won (charge for warehouse use) 8,904,199 (charge for warehouse use due to delay in customs clearance)]; ② The Defendant’s breach of the instant contract, thereby resulting in the Plaintiff’s violation of the instant contract, KRW 63,509,943 in development costs of “ video conference and branch information system” (3) the Plaintiff’s supply of the instant vehicle within the period of time under the instant contract, but the Plaintiff was unfairly deducted as liquidated damages.

B. As to this, while the court of first instance delayed the delivery of the instant vehicle, on the ground that the Plaintiff was 16,323,588 won (hereinafter “instant liquidated damages”), part of the claim for damages was accepted, and the Defendant rendered a judgment to dismiss all of the Plaintiff’s remaining claims by 125,886,725 won (142,210,313- the instant liquidated damages calculated by deducting the Defendant from the name of the liquidated damages), and 5% per annum from April 29, 201 to July 6, 2010, and 20% per annum from the next day to the date of full payment.

C. The part of the judgment of the court of first instance against the plaintiff was appealed, and the judgment before remanding cannot be held liable to the plaintiff for delay, and the part of the judgment of the court of first instance against the plaintiff falling under the part of the judgment of the court of first instance, which partially accepted the plaintiff's appeal and revoked the part of the judgment of the court of first instance

The defendant's KRW 16,323,58 for the plaintiff and its 5% per annum from April 29, 2009 to January 13, 2012.

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