손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended by this court is dismissed.
3...
1. The reasoning for this part of this Court is that the pertinent part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part of the reasoning of the judgment (as set forth in the 2nd to 5th 6th eth eth eth eth eth e.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Joint Defendant B of the first instance trial (hereinafter “B”).
(2) On August 25, 2014, the Plaintiff entered into a secondary sales contract, which sells the instant real estate in KRW 638,800,000, with the participation of the Plaintiff as an engineering work businessman, and sells the instant real estate in KRW 920,000,00 to the Defendant.
Of the purchase price of KRW 920,00,000 as stipulated in the second sale contract, the Defendant’s payment to B is KRW 638,80,000, which is the same amount as that of the purchase price set forth in the first sale contract, and the remainder of KRW 281,00,000 (=920,000,000 - 638,800,000) is the construction price that the Plaintiff has to pay to the Plaintiff in return for performing civil works on the instant real estate.
In other words, according to the second sales contract, the defendant is obligated to pay KRW 281,00,000 to the plaintiff after the plaintiff completes the civil construction works of the real estate of this case (hereinafter "the civil construction works of this case").
3) Since then, the Plaintiff completed all of the instant civil works in accordance with the second sales contract, but the Defendant was obligated to pay the Plaintiff KRW 110,000,000 (i.e., KRW 45,500,000 that the Defendant directly paid to the Plaintiff ( KRW 28,500,000 that the Defendant paid to the Plaintiff) for the design cost of the civil works of KRW 36,000 that the Defendant paid to K. Accordingly, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 171,00,000 (= KRW 281,00,000 - KRW 110,000,000) and damages for delay.
B. 1) In the event that the Plaintiff completed all of the instant civil works, there is no dispute between the parties that the Defendant would pay KRW 281,00,000 to the Plaintiff. 2) The Plaintiff was constructed on the ground of the instant real estate.