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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
In the judgment of this court, the plaintiff jointly and severally claimed 45,00,000,000, and 10,000,000,000, total of the design service cost of the building in the business feasibility review plan, and damages for delay against the defendants and co-defendant D in the first instance court. The court of first instance accepted only the plaintiff's claim for the amount of 45,00,000,000,000, and the damages for delay for delay as well as the amount of 45,00,000,000, and dismissed the remaining claims of the plaintiff.
Therefore, the part of the judgment of the court of first instance against the Defendants corresponding to the amount ordered to be paid in excess of KRW 15,382,800 among the judgment of the court of first instance and the damages for delay, and only the portion of the above building design service cost is included in the scope of the judgment of this court
Basic Facts
On April 20, 2016, the Defendants and D entered into a contract for real estate sales with the purchaser as “Defendant B and one other” (hereinafter referred to as “instant land”) and the building on the land (hereinafter referred to as “the instant land and the building”) (hereinafter referred to as “the instant real estate”) on April 20, 2016 for the purpose of carrying out the sales business, and entered into a contract for the same business (hereinafter referred to as “the instant contract for the same business”). On May 20, 2016, the Defendants and D entered into a contract for the business of constructing and selling the instant building on the land for the same business (hereinafter referred to as “the instant project”).
(A) Since May 27, 2016 between the Plaintiff and Defendant B, with respect to the performance of the construction design work of the construction work of apartment houses (multi-households) and officetels buildings (hereinafter “instant building”) on the ground surface of eight stories underground to be constructed on the instant land as of May 27, 2016, a standard contract for design (a certificate No. 1 of this case; hereinafter “instant design contract”) was formulated with regard to the total contracted area of 1,497.33 square meters, contract amount of 45,000,000 won (hereinafter “instant design cost”).
On the other hand, the plaintiff is in accordance with the design contract of this case.