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(영문) 서울중앙지방법원 2016.10.19 2016나36903
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The plaintiff's assertion and judgment on this issue

A. The Plaintiff’s assertion (1) related to the occurrence of liability for damages (A) the Plaintiff operates a D cafeteria in Seoul, Jung-gu, Seoul. On October 17, 2013, the Plaintiff ordered the Defendant, who operated E, to take an order in KRW 2,000,000, in a 1,800-malle garsium and a 2,000,000.

(B) On November 29, 2013, prior to the opening date of the business, the Plaintiff set up a water supply unit by phone to the Defendant. However, the Defendant did not have a water supply unit at least 1,800 meters, and there was a water supply unit at least 1,250 meters, and the Plaintiff had a water supply unit at least 200,000 won for installation costs to the Defendant without any choice to do so.

(C) Since then, the Defendant was unable to establish the remaining swimming pool, and on December 6, 2013, the Plaintiff purchased three swimming pipes from other companies and established them. The Plaintiff also purchased KRW 2,400,000 in 2,80,000 without choice.

(2) Claims related to the scope of damages (A) The Defendant shall compensate the Plaintiff for the total amount of KRW 2,00,000 and KRW 200,000 for additional installation costs, and KRW 800,000 for additional purchase costs incurred by the Plaintiff in purchasing the water capacity units from another company due to the Defendant’s failure to perform the contract, and KRW 9,00,000 for the purchase cost of the water capacity units and KRW 3,90,000 for the purchase cost of the water capacity units.

(B) The Plaintiff removed and returned the water capacity installed by the Defendant, and disbursed KRW 70,000 for transportation expenses. The fish equivalent to KRW 568,90 was discarded due to the Defendant’s failure to operate the water capacity, and the Defendant’s failure to build the water capacity shall be compensated for consolation money of KRW 2,00,000 due to the delay in the Defendant’s opening of business.

(C) Therefore, the Defendant shall pay to the Plaintiff the sum of damages KRW 6,538,90 (=3,900,000 + KRW 70,000 + KRW 568,900 + KRW 2,00,000) and damages for delay.

(b).

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