1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's ground of claim and the changed ground of claim are stated in the annexed sheet of claim

2. The damages to be compensated for illegal acts or nonperformance on the basis of reality are limited to certain damages actually suffered. Therefore, in the event that the victim or creditor bears certain obligations against a third party due to illegal acts or nonperformance, it is required that in order to seek compensation identical to the amount of obligations, the burden on the other party is actually final and conclusive, and thus, it is in the nature to be actually paid.

In such a case, whether the burden of debt is realistic and the damage was actually realized should be determined objectively and reasonably in light of social norms.

(See Supreme Court Decision 92Da2948 delivered on November 27, 1992, and Supreme Court Decision 2001Da22833 delivered on July 13, 2001). In light of the above legal principles, regarding the amount of increase in construction cost due to price increase claimed by the Plaintiff as damages caused by the Defendant’s tort and nonperformance of obligation, the amount of increase in construction cost, relocation expenses, and expenses for interest on loans for financing business funds, such as project expenses, the Plaintiff paid the said expenses to the Plaintiff.

Therefore, it is difficult to deem that the damage was actually caused, inasmuch as there is no evidence to prove that the creditor was actually liable for the debt, such as filing a lawsuit seeking payment from the creditor.

The plaintiff's assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.