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(영문) 서울중앙지방법원 2019.09.19 2018나83583
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On November 8, 2017, the Defendant: (a) requested the Plaintiff to prepare a written estimate, etc. for the installation of beauty rooms in the Eunpyeong-gu Seoul Metropolitan Government D 1st underground shopping mall (hereinafter “instant shopping mall”) owned by the Defendant, which is a trade name “C”; and (b) requested the Plaintiff to conduct the business of indoor architecture design, construction, etc.

B. Accordingly, from November 8, 2017 to December 15, 2017, the Plaintiff prepared and reported a project proposal including the floor plan of the Defendant or the Defendant’s children and the beauty art room.

C. On January 15, 2018, the Defendant notified the Plaintiff that it could not enter into the instant construction contract with the Plaintiff and would not directly enter into the instant construction contract, because the construction amount proposed by the Plaintiff is excessive.

On January 16, 2018, the following day, the Plaintiff sent a business proposal and ground plan (hereinafter “instant drawings”) to the Defendant, and claimed KRW 5,000,000,000 to the Defendant. The Defendant paid KRW 1,00,000 to the Plaintiff.

Since then, the Defendant directly proceed with the instant construction and currently operates the beauty art room in the name of “E” in the instant commercial building.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply) and video, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendant asserted that the Plaintiff was liable for damages due to the wrongful reversal of the contract, and the Defendant gave the Plaintiff a legitimate expectation or trust that the instant construction contract will be concluded between the Plaintiff and the Defendant by requesting or ordering the Plaintiff to prepare a proposal, etc. for the instant construction project.

Therefore, even though the Plaintiff prepared a design drawing, etc. for the instant construction project with time and expenses and provided it to the Defendant, the Defendant unilaterally reversed negotiations for the conclusion of the instant construction contract without reasonable grounds and concluded a contract with the Plaintiff.

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