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TITLE Supreme Court Decision 2015Da59115 April 15, 2016¡¼Damages¡½ [full Text]
Summary
[1] Where a party rescinds or terminates a contract on grounds of the other party¡¯s nonperformance of obligation, whether the other party is not liable for damages if intention or negligence is not found on that party (affirmative), and whether the same applies in cases where the right to rescind or terminate a contract is reserved (affirmative)
[2] Where reasons irrelevant to a counterparty¡¯s intention or negligence are provided as grounds for rescinding or terminating a contract, the requirements for interpreting the contractual contents as bearing liability for damages ¡ª regardless of causes attributable ¡ª when rescinding or terminating the contract
[3] Where a claim for damages is sought due to rescission or termination of a contract, whether an obligee may claim reimbursement of expenses incurred based on the belief that the contract would be fulfilled (affirmative), and the scope of expenses deemed reimbursable
Whether reimbursements amounting to the expenses incurred can surpass the scope of expectation interest (negative)
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