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(영문) 서울고등법원 2019.12.27 2017나2032631
도급금
Text

1. The judgment of the first instance court, including the selective claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, except where the plaintiffs added the judgment on the selective claims added at the court of first instance, and thus, the reasoning of the judgment of the court of first instance is identical to that of the court of first instance. Thus, this is cited by the main sentence of Article 420

2. Additional determination

A. 1) In a case where either party to a claim for damages incurred damages by refusing to conclude a contract without reasonable grounds even though one party acted in accordance with its trust by granting the legitimate expectation or trust that the contract will be concluded at the stage of negotiation of the contract, the claim for damages shall be deemed to constitute an illegal act that goes beyond the bounds of the freedom of contract, in light of the principle of trust and good faith.

(B) Comprehensive account of the following facts and circumstances (see, e.g., Supreme Court Decisions 9Da40418, Jun. 15, 2001; 2002Da32301, May 28, 2004). In full view of the following facts and circumstances (see, e.g., Supreme Court Decisions 1 through 20, 22 through 27, 32, 38 through 41; 1 through 10, 13 through 16, 19 through 22, 25 through 31, witness Q, AR, AH, and AB’s testimony and arguments; 202Da32301, May 28, 2004). Although entering into a contract for the production and payment of promotional videos with the Plaintiffs in the process of promoting a combination of parties under the Understanding of this case, the act of Defendant and Q, etc., giving the Plaintiffs a reasonable expectation to enter into a combined contract with the Plaintiffs’ intent to promote the production and payment of such combined.

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