logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.01.16 2019나54897
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Reasons

1. The grounds for this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance (as stated in the second to fourth to fourth, 15). Thus, this part of the basic facts are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s primary claim 1) On November 29, 2016, the Defendant entered into a contract (hereinafter “instant contract”) with the same content as the instant meeting minutes through a meeting with the Plaintiff on November 29, 2016, namely, a contract under which the Plaintiff is to supply the Defendant with the Flat Bar’s puncing processing work using the SS400 Co. as its raw material (hereinafter “instant contract”).

A) The instant contract was concluded. The main contents of the instant contract, such as the processing cost, the specific scope of work, processing quality, etc., have been determined in entirety, and thus, the contract was concluded. The Defendant was obviously negligent in concluding the instant contract with the Plaintiff without any reasonable knowledge of the thickness of the gold Domins demanded by the Defendant, the original ordering person C. Nevertheless, the Defendant, without justifiable grounds, requested the Plaintiff to use raw materials that are different from the content of the instant contract, and thus, cannot execute the contract if the Plaintiff refuses to comply with the request. Around July 10, 2017, the Defendant rescinded the instant contract. In the event the instant contract was performed due to the Defendant’s nonperformance of the obligation, the Plaintiff suffered damages that amount to KRW 301,586,044, which would have been accrued when the instant contract was performed. Accordingly, even if the Defendant did not reach the Plaintiff’s preliminary claim for damages due to nonperformance, the Defendant was obliged to pay the Plaintiff the expenses incurred in the instant contract to the Plaintiff by demanding the Plaintiff to perform the instant contract.

Nevertheless, the defendant cannot be held liable to the plaintiff.

arrow