손해배상등
All appeals filed by the plaintiff and the defendant and the plaintiff's claims expanded in this court are dismissed.
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the part of the judgment of the court of first instance, except for a dismissal or addition as set forth in paragraph (2) below and an addition as set forth in paragraph (3). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article
(However, the portion of the first instance court's joint plaintiffs A, B, C, D, E, F, G, and H, which became separate and conclusive, 2.2. The part of the first instance court's judgment 7.2 and 3. "Refusal of performance and delay of performance" are "Refusal of performance or delay of performance".
The following shall be added between 7 pages 8 and 9 of the first instance judgment:
3) The instant agreement still remains valid.
Even if the Defendant’s request for the designation of the fence construction date also did not designate the fence construction date while requesting the replacement of the garage floor or septic tank, or the Plaintiff’s land owned by the Plaintiff representative director and the third party’s adjacent thereto, which is not the place originally proposed by the Plaintiff, was also unreasonable to install the fence, or the Plaintiff’s facilities installed near the place scheduled for the fence construction were not removed, and thus, the Plaintiff failed to cooperate in the Defendant’s proposal for the installation of the fence and soundproof wall. Thus, the installation of the fence and soundproof wall was delayed due to the Defendant’s fault.
or the Defendant’s refusal to perform the obligations under the instant agreement cannot be deemed to have rejected.
Therefore, the plaintiff cannot claim compensatory damages against the defendant for delay of performance or non-performance.
[Attachment 7] 7.12, 8. 13, 17, and 11. Each appraiser’s “an appraiser” in the judgment of the court of first instance shall be deemed “an appraiser of the court of first instance.” The 7. 12th of the judgment of the court of first instance shall be deemed “the court of first instance”. The 10th to 10th of the 8th judgment of the court of first instance shall be deemed as follows. 3rd of the 10th to 10th of the 10th to 13th of the 10th judgment of the court of first instance. 3rd of the Defendant’s wall and soundproof walls are not installed because the Plaintiff did not cooperate with the Defendant in the installation of