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(영문) 서울동부지방법원 2019.04.10 2018나23478
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion 1) The Plaintiff concluded a lease agreement of this case with the Defendant to hold the exhibition of this case under the name of the Defendant and carried out the relevant work by inserting its own expenses, such as paying expenses, and by promoting the relevant work. The Defendant unilaterally cancelled the opening of the exhibition of this case without paying the first project expenses, resulting in damages, such as forfeiture of down payment paid to E. Therefore, the Defendant shall pay the Plaintiff the amount of damages under Article 9 of the Work Convention, which is equivalent to KRW 20 million of total project expenses, KRW 6 million of value-added tax, KRW 6 million of total project expenses, KRW 6 million of value-added tax, and delay damages therefrom. 2) The Defendant’s assertion that the Plaintiff did not perform its duty under the Work Convention, such as schedule of the promotion of the exhibition of this case and the establishment of plans, etc., and did not perform its duty to compensate the Defendant for damages due to the Defendant’s failure to perform his duty to hold the exhibition of this case.

In addition, since the total project cost of the exhibition in this case is not KRW 200 million, the amount of damages cannot be considered as KRW 60 million.

B.1) Determination 1) Each of the statements in Gap evidence Nos. 3, 7, 8, 9, 15, and 16 (including each number), the testimony of the first instance court F and G, and the testimony of the defendant.

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