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(영문) 광주지방법원 2021.01.15 2019나63613
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. The reasons for this part of the facts of recognition are as stated in Paragraph 1 of the judgment of the first instance except for the reasons for partial dismissal as follows. Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the court of first instance is that "the person ordered to receive an order" in the 19th sentence.

On the third page of the judgment of the court of first instance, “The content certification was sent,” and “The defendant sent the content certification (the defendant stated that the termination of the subcontract of this case was notified, but in light of the purport and overall contents of the above certification, it seems that the notification of cancellation of the subcontract of this case was given.”

The notification of the above cancellation shall be referred to as "the notification of the cancellation of this case" (hereinafter referred to as "the notification of the cancellation of this case").

On the 3rd page 10 of the judgment of the court of first instance, “the above content certification is sent and “the construction of the raw materials so as to be not satisfied 8m thickness, so it is not satisfactory that the construction of liquid polybetan does not meet the thickness of 8m (the construction of the raw materials so as to be 2m mix 6m high in public announcement at the time of 8m) and the subcontract of this case is decided to terminate the subcontract of this case, and it is called a patent company of liquid emertan at the time of the contract.

The content of the “no alternative exists” is certified, and the content of the “no alternative is sent.”

Part IV of the judgment of the court of first instance, "Evidence B No. 1" No. 1 is raised as "Evidence B No. 1 through 4" following the attached Table No. 4.

2. The parties' assertion

A. The Defendant unilaterally notified the Plaintiff of the cancellation of the instant case without any reasons attributable to the Plaintiff. This constitutes a case where the contractor compensates the Plaintiff for damages and cancels the contract before the contractor completes the work pursuant to Article 673 of the Civil Act.

Therefore, the Defendant incurred damages from the rescission of a contract to the Plaintiff amounting to KRW 122,627,120 [the amount of KRW 11,147,920 [the amount of KRW 62,160,00 for L Rate 30,660,00 for L Rate 30,000 for L Rate 30,660,000 for L Rate 4,452,00 for labor expenses for 4,480,00 for miscellaneous and miscellaneous expenses for 4,480,00 for miscellaneous expenses and the value added to 9,727,200 for miscellaneous expenses], and the instant case as to this.

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