손해배상(기)
1. The first instance judgment, including the extended and reduced primary claims and the reduced preliminary claims.
1. The reasoning for this part of the basic facts is that the court added "B" from "B" in front of the last 4th sentence of the judgment of the court of first instance, and there is no dispute over "B" in the part of the grounds for recognition from "B" in front of the fourth 4th sentence of the judgment of the court of first instance," and evidence Nos. 1 through 8, 10, 22, 24, 26, 28, 35, 37 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 8, 13, and 15, testimony of the witness D of the court of first instance, and the purport of the entire pleadings as stated in the corresponding part of the judgment of the court of first instance, except for the case where the evidence is changed to the first 420 of the Civil Procedure Act.
2. The reasoning for this part of the court’s liability for damages is as indicated in the corresponding part of the judgment of the court of first instance, except for the case where the Plaintiff’s collection of earth and rocks was taken into account as “the Plaintiff’s collection of earth and rocks would result in the above Defendant’s nonperformance of the above Defendant’s obligation,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Scope of damages.
A. Plaintiff’s claim 1) The primary claimant’s failure to perform the obligation under the instant agreement and thus, the Plaintiff was not able to obtain permission to collect earth and rocks on the O land, and the Defendant was unable to operate the earth and rocks business. As such, the Defendant shall compensate the Plaintiff for damages equivalent to KRW 1.2 billion out of the expected profit 1,821,737,000, which the Plaintiff could have obtained between February 8, 2013 and June 25, 2014 when the Plaintiff operated the earth and rocks business on the O land. (2) The Plaintiff shall be entitled to compensate for damages equivalent to KRW 1.275,60,000,000,000 in total to obtain permission to collect earth and rocks from the Defendant’s land, and the Plaintiff shall be entitled to deduct the down payment from the pre-existing bonds, including goodwill, KRW 10,000,000,000,000,000,000 for residents’ consent to prevent neighboring civil complaints.