(영문) 대구지방법원 2018.11.14 2018나309253

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(영문) 대구지방법원 2018.11.14 2018나309253

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for the dismissal of the judgment of the first instance or addition of the plaintiff’s additional assertion as to the plaintiff’s additional assertion, and therefore, the reasoning for the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The second 10th 10 of the second 10th 10 of the judgment of the court of first instance added "No. 1,2, and 3 "No. 28-1, 2, and 3" to "Plaintiff" in the second 11th 11th 2th 201 of the judgment of the court of first instance as "No. 13, 2016" and added "No. 28-1, 2, and 3" in the second 7th 7th 7th 7th 10 of the judgment of the court of first instance to "No. 10th 6th 10" in the second 10th 6th 10 of the judgment of the court of first 10."

3. As alleged by the Defendant, the Plaintiff asserts to the effect that the Defendant should compensate the Plaintiff for damages incurred by the termination of the instant subcontract, since it is reasonable to deem that the instant subcontract agreement concluded between the Plaintiff and the Plaintiff as an individual entrepreneur was terminated, if the Defendant discontinued B, which is an individual entrepreneur, after consultation with the Plaintiff.

The fact that the Defendant closed his personal business registration of B, as seen above, is difficult to see that the instant subcontract agreement between the Plaintiff and the Defendant was terminated due to such circumstance, and there is no other evidence to acknowledge it.

In addition, even if the subcontract of this case is terminated as alleged by the plaintiff, if the contract is terminated or terminated by an agreement, it cannot be claimed damages due to default unless there are other circumstances, such as a special agreement to compensate the other party for damages or a declaration of reservation of the claim for damages.

참조조문

-민사소송법 제420조

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