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(영문) 서울고등법원 2019.08.16 2018나2043577
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the

2. Determination on claims related to development costs (22 million won), such as business management programs, etc.

A. The plaintiff's assertion 1) The defendant is obligated to pay 22 million won to the plaintiff as compensation for damages caused by the illegal act (the principal claim) since the defendant, as the actual operator of E, had the plaintiff induce the plaintiff to conclude the program development agreement of this case between E and the plaintiff to transfer the price of 22 million won to E as if he did not have an intention or ability to develop the program of this case. Thus, the plaintiff is obligated to pay 22 million won to the plaintiff as compensation for damages caused by the illegal act. 2) Even if the defendant's act does not constitute a tort even if the defendant's act does not constitute a tort, the defendant did not develop the business management program, and received 22 million won from the plaintiff as development cost, and the plaintiff cancelled the program development agreement of this case, and the defendant is obligated to return it to the

B. Determination 1) Prior to the determination of a claim for damages based on a tort (main claim), the Plaintiff paid the total amount of KRW 22 million as stipulated in the instant program development agreement to E on September 10, 2015, according to the facts as seen earlier, and the written evidence and the purport of the whole pleadings as stated in the evidence Nos. 5, 9, 10, and 30,000 won. According to the instant program development agreement, the development period is indicated as the actual working day, and E sent to the Plaintiff e-mail after November 20, 2015 when 30 days have passed from the date when the Plaintiff received the payment from the Plaintiff, and the Plaintiff sent the business management files developed under the instant program development agreement to the Plaintiff on November 23, 2015.

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