The appeal is dismissed.

The defendant-Counterclaim plaintiff's request for taking over the lawsuit is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal

A. The lower court determined as follows.

The debtor B Co., Ltd. (hereinafter referred to as the "debtor") which is the contractor of the apartment of this case shall sell the apartment units equivalent to 50% of the parcelling-out rate (hereinafter referred to as "liability parcelling-out rate") among the apartment units of this case by the date on which three months elapsed after the date of approval for use pursuant to the business agreement concluded with the executor, lender, and the plaintiff (the counter defendant; hereinafter referred to as the "Plaintiff") pursuant to the business agreement of this case. The debtor B Co., Ltd. (hereinafter referred to as the "debtor") shall bear the selective obligation to acquire the unsold unit or pay the proceeds below the liability parcelling-out rate until it reaches the liability parcelling-out rate. The debtor is liable to compensate the plaintiff for damages due to the rejection of the performance of the contract.

Furthermore, it is difficult to view that the Plaintiff’s negligence contributed to the occurrence of damages caused by the obligor’s nonperformance of liability, and in light of the legal nature of the ownership of liability, the motive and circumstances leading up to the conclusion of the instant business agreement, the provisions on the ownership of liability among the instant business agreement, the circumstance leading up to the obligor’s occurrence of liability, etc., it is difficult to deem that there exists any

B. In a case where the obligor is liable for damages due to nonperformance against the obligee, if there is any negligence on the obligee or if it is necessary to ensure the fairness of the burden of damages, the obligor's liability may be limited. It is the fact-finding court to determine the fact-finding or ratio with respect