공사대금 및 손해배상
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 694,103.
In light of the above legal principles, where the Plaintiff failed to complete the instant construction by October 10, 2009, and thereby incurred separate damages, such as the payment of penalty to the buyer of the building to be newly built by the Defendant, the Plaintiff shall be liable to compensate the Defendant for the damages separately from the liquidated damages for delay.
However, according to the evidence Nos. 32-34 (including each number), since the Plaintiff failed to complete the instant construction by October 10, 2009, some of the persons who purchased a newly built building to the Defendant for the reason of the Defendant’s nonperformance of obligation is acknowledged as follows. Accordingly, it is recognized that the Defendant repaid to them the amount of the down payment under the pretext of restitution and penalty, and thereby, the Defendant paid damages equivalent to the penalty for breach of duty.
The 208-05-05-162, 208.208.25, 208.208.25, 2008-47, 208.47.208.25, 207.208.40, 207.208.25, 200, 200 G 2008-05-232, 923, 2509-12, 209-12, 65, 506, 500, 32,9208-16, 830, 200-11-16, 460, 200, 830, 830-24, 205, 208-16, 205, 207.240, 208-16, 200, 830, 2005-2397
Therefore, the Plaintiff is liable to pay the Defendant the damages amounting to KRW 153,032,00 and the damages for delay.
3. According to the conciliation clause (5) of this case as a result of the delay of the delivery of adjacent land, if the Defendant demanded the Plaintiff to transfer the adjacent land after August 30, 2009, the Plaintiff shall deliver the adjacent land to the Defendant without any condition within five days from that time, and if it is violated, until the delivery is completed.