logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.09 2019나54045
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cites the reasoning of the judgment of the court of first instance, except for adding the following judgments to the defenses set-off by the defendant in the court of first instance, and therefore, it is consistent with the main sentence of Article 420 of the

2. Additional determination

A. The gist of the Defendant’s assertion clearly stated that the Plaintiff did not intend to perform the instant contract even when the Defendant completed all the construction works stipulated in the instant contract, upon expressing intent to cancel the contract on August 11, 2017.

Therefore, the Plaintiff is liable for compensating the Defendant for the cost of KRW 44,158,10 (i.e., the cost of installing a shower for the installation of KRW 1,107,00,110 for the costs of installing a shower for the safety of KRW 40,000,000 for the costs of installing a shower for the safety of KRW 1,050,000 for the costs of installing a shower for the safety of KRW 44,158,110 for the performance of the instant contract. Therefore, the Plaintiff’s damage claim of KRW 44,158,1

B. The judgment of the court below is consistent with the judgment of the court below that the contract of this case was rescinded due to the defendant's non-performance, not the plaintiff's non-performance. Thus, the defendant's assertion based on the premise that the contract of this case was rescinded due to the plaintiff's non-performance is without merit.

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

The judgment of the court of first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is groundless.

arrow