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The judgment below
The part against the defendant (appointed party) shall be reversed, and this part of the case shall be Seoul Southern District Court.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the judgment of the court of first instance, the court below determined that the Plaintiff is jointly and severally liable to compensate the Plaintiff for damages arising from the violation of the instant use agreement, on the ground that it is reasonable to view that the Plaintiff’s provision of credit card terminals, etc. to the Appointor B (hereinafter “Appointed”) pursuant to the instant use agreement was premised on the fact that the Appointor failed to achieve the monthly credit approval number of 20,000 cases for the 36-month period, which is the contract period, and that it is difficult for the Appointor to achieve not only the cumulative credit approval number of 720,000 cases within a reasonable period, but also the cumulative credit approval number of 720,000 cases within a reasonable period.
2. However, it is difficult to accept the above determination by the court below for the following reasons.
In order to recognize liability for damages to the Claimant and the Defendant, first of all, it must clarify the cause of the tort, default, or other claims, and if the liability for damages was caused by nonperformance, it should have determined specifically the content of the principal obligation to be borne by the Claimant pursuant to the instant use agreement and the contents of the incidental obligation that cannot be performed at least in accordance with the content of the obligation in the event of nonperformance, and then should have deliberated and determined whether the Claimant can be deemed to have breached such obligation.
Nevertheless, the lower court recognized the selector and the Defendant’s liability for damages solely on the ground that the selector did not reach the aforementioned deliberation and determination and did not achieve a certain number of credit approvals, and that it was impossible to achieve it for a considerable period in the future.
B. The decision of the court below is accepted.