(영문) 서울중앙지방법원 2017.06.14 2016나27664

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(영문) 서울중앙지방법원 2017.06.14 2016나27664

손해배상(건)

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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. Basic facts

A. The Plaintiff is a juristic person engaged in the manufacture, sale, installation, repair, etc. of goods handling equipment and related products, and the Defendant is a juristic person engaged in real estate development, lease, sales, etc.

B. On January 13, 2015, the Plaintiff entered into a contract with the Defendant to complete installation up to March 31, 2015 (hereinafter “instant contract”) of the construction cost of KRW 193,60,000 (including value-added tax, KRW 58,080,00 at the time of entering the site of main materials, and KRW 135,520,000 at the time of entering the site (hereinafter “instant contract”).

C. Of the content of the instant contract, matters pertaining to the rescission or termination of the contract and the compensation for damages are as follows.

Article 10 (Cancellation or Termination of Contracts) (2) "B" (hereinafter the same shall apply) may cancel or terminate all or part of a contract where any of the following grounds arises with respect to "A" (the defendant; hereinafter the same shall apply):

Provided, That in cases falling under subparagraphs 4 through 11, it shall be notified of the performance of the contract for 14 days by prior written notice, and where "A" fails to comply therewith, the contract may be cancelled or terminated in whole or in part.

8. Where "A" is deemed impossible to install an elevator due to its breach of a contract without justifiable grounds, 11. Other "A" is in violation of this contract due to a cause attributable to "A"; Article 11 (Damages, etc.) ① When a party not responsible due to the cancellation or termination of the whole or part of this contract causes damage to the party, the other party shall compensate for such damage.

3. ‘The circumstances’ refers to the amount equivalent to 10% of the total contract amount out of the down payment when the contract is rescinded or terminated.’

However, the contract is terminated or terminated after the commencement of the implementation of this contract.

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