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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 27, 2016, the gist of the Plaintiff’s assertion: (a) the Plaintiff entered into a contract with Defendant B, who carried out the work of painting “D” with respect to painting work on the first, third, and accessory rooms of the “F Holdings” located in Gyeonggi-si, under which “construction amount: 42 million won (excluding value-added tax) and construction date: July 1, 2016 to August 15, 2016; (b) the Plaintiff entered into a seal construction contract with the Plaintiff, stating that “where the Defendant B fails to complete construction work until August 30, 2016, and thereby the Plaintiff would incur damage to the Plaintiff’s operation of the wedding hall, the Defendant B would compensate the Plaintiff for KRW 100 million as the penalty by September 30, 2016,” and the Defendant C jointly and severally guaranteed this contract.
However, Defendant B failed to complete painting construction until August 30, 2016, and as a result, damage was inflicted on the Plaintiff’s operation of the wedding hall, the Defendants are jointly and severally liable to pay KRW 100 million to the Plaintiff, which is a part of the above KRW 100 million.
2. With respect to a claim for the payment of a certain amount of health expenses, money, other substitutes or securities, ex officio as to the legitimacy of the lawsuit of this case, the obligee cannot divide such claim for the purpose of being subject to the Trial of Small Claims Act, and only a part of the claim shall be dismissed by a judgment, which violates this Act.
(1) The Plaintiff’s claim amount of the instant case was to be increased to “31 million won” during the first instance trial proceeding, but the Plaintiff continued to maintain the claim amount of the instant case as “21 million won” subject to the Trial of Small Claims Act, even if the first instance judgment was rendered on July 14, 2017). However, the Plaintiff’s claim amount of the instant case was to be increased to “31 million won” under the Trial of Small Claims Act.