손해배상 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 16, 2014, the Plaintiff entered into a contract for a construction project that receives subcontract for KRW 529,100,000 for the part of damping construction work among the new construction work ordered by a non-party stock company (hereinafter “non-party stock company”) and a non-party stock company’s new construction work ordered by a non-party stock company (hereinafter “non-party stock company”).
(hereinafter referred to as “instant new construction contract”). (b)
On the same day, the Plaintiff concluded a construction contract that was subcontracted in KRW 39,900,00 for the portion of damp-style construction work among Non-Party Company and Non-Party ASEAN Corporation’s C Extension work ordered by Non-Party 1 and Non-Party ASEAN Corporation.
(hereinafter referred to as the “instant extension construction contract”). C.
The Plaintiff, among the instant construction contracts with the Defendant, performed the remainder of the construction works other than the shipbuilding works. Of the construction costs for the portion of the instant construction works, 4% of the progress payment of 12% of the construction costs, excluding the implementation construction costs, was agreed to receive the Defendant, 5% of the Plaintiff, and the remainder of 3% of the construction costs, as reserves for the subsequent construction progress.
(hereinafter referred to as “instant arrangement”). D.
Pursuant to the agreement of this case, the Plaintiff and the Defendant agreed to perform each of the remaining parts of the instant new construction site, 227,583,600 won, and the remainder of the construction site, excluding the red construction work, among the extended construction site of this case, 194,34,300 won, and the final construction cost shall be settled again with the actual import volume.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion: (a) on June 16, 2014, the Defendant arbitrarily prepared an agreement with the Nonparty Company to settle the Plaintiff’s aggregate expenses by stealing the Plaintiff’s seal without permission, thereby incurring damages of KRW 43,162,841, which is the difference between the aggregate expenses actually invested and the contractual aggregate expenses; and (b) the Defendant incurred the instant construction.