손해배상 청구의 소
1. The plaintiff's appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in Paragraph 1 of the first instance court’s judgment, except for the second instance judgment with the exception of the second instance judgment under Paragraph 1 of Article 420 of the Civil Procedure Act, since it refers to the second instance judgment under the main sentence of Article 420 of the Civil Procedure Act.
◎ 고치는 부분 "다.
The plaintiff and the defendant's termination of each contract of this case
B. On November 5, 2012, the Plaintiff reported the Cheong or the termination of the contract.
As set forth in paragraph (1), some stations are not required to move obstacles, and some stations can no longer proceed with construction for reasons such as design change. Thus, the general standards of this case cannot be followed.
III. 5. A.
The defendant sent a letter to urge the termination of the contract pursuant to the paragraph, and the above letter of public notice reached the defendant at that time.
On the other hand, on February 28, 2013, the Defendant did not resume construction upon the Plaintiff’s request for resumption of construction without permission at each construction site of this case and upon the Defendant’s request for resumption of construction, on the other hand, on the ground that the construction does not resume.
III. 3. A.
Pursuant to Paragraph (1), each of the instant contracts was sent a letter containing an expression of intent to terminate, and the said letter reached the Plaintiff around that time.
“”
2. Determination as to the cancellation of each contract of this case and the claim for damages equivalent to the performance interest
A. The plaintiff's assertion 1) The defendant presented an obstacle to the plaintiff's execution of each of the instant construction works, and the defendant failed to perform the above duty for a long period of time despite the plaintiff's duty to modify the design when the plaintiff could not proceed with the construction works in accordance with the first design drawing. The plaintiff failed to start construction works for the building zone, the building zone, the general railroad station, the 11th section, the 13th section, the river basin, the Donggate History Cultural Park Station, and the Dongro 4th section among the construction sections.
B. The purpose of each of the instant contracts is substantially achieved due to the long-term delay of the Defendant’s performance.