손해배상(기) 등
1. All appeals filed against the instant principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff, and the appointed party).
1. The reasoning for the court’s explanation on this part is as follows: “D. Meanwhile, on November 23, 2011, the Defendant purchased the instant real estate in the name of the wife C by withdrawing in advance his expected profit under the instant contract from the Plaintiff among the construction cost received from the Plaintiff on November 23, 2011, and purchasing the instant real estate under the name of the wife C. Meanwhile, on November 23, 2011, the Defendant calculated the amount of KRW 85 million from the Plaintiff’s expected profit under the instant contract from the Plaintiff on November 23, 2011 and calculated the amount of KRW 95,549 square meters (hereinafter “instant real estate”) and H woodland 32,928 square meters in the judgment of the court of first instance, and completing the registration of transfer of ownership under the name of wife C on November 25, 2011.” As such, the part of the judgment of the first instance as well as the judgment of the court of first instance 400 square meters.”
2. Determination as to the claim on the principal lawsuit
A. Plaintiff 1) The Plaintiff filed a claim for damages against Defendant and A&S Construction totaling KRW 890,8200,000,000 (based on the basis of the construction cost under the instant contract).
at KRW 948,200,000 under subsection (1), ① KRW 196,00,000 that the Plaintiff paid to the Defendant on September 7, 201, excluding KRW 30,000,000,000, which was immediately transferred to A&S Construction; ② the Plaintiff deposited from the Defendant on January 27, 2013, 200,000,000 won, which was paid by the Defendant.
) Although the Defendant paid the amount of KRW 231,832,215 (201,832,215, the Plaintiff paid the amount of KRW 22,00,000 for the construction work that the Plaintiff was obligated to pay to the subcontractor F, who was directly paid to the Plaintiff, on the wind that the Defendant was unable to complete the construction work, and the Plaintiff sustained damages equivalent to KRW 25,000,000 for the construction work that the Plaintiff was obligated to pay to the subcontractor G. The Defendant’s failure to perform the construction work, thereby reducing and diverting the construction work cost of KRW 25,00,000.