손해배상(기)
1. The Defendant’s KRW 93,624,00 for the Plaintiff and KRW 5% per annum from April 3, 2012 to April 18, 2013.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1, Gap evidence 4, 5, and 6, and evidence 10. A
Around February 24, 2010, the Defendant and D agreed to enter into a dredging project with the Korea Rural Community Corporation in the name of the Defendant, and the Defendant and D agreed to enter into the contract with the Korea Rural Community Corporation in the name of the Defendant, to jointly implement the dredging project (hereinafter “instant project”). Around February 24, 2010, at the rates of 30%, E, F, and G70% with the Defendant and D, E, E, F, and G70%, and acquired the right to take out the dredging land by entering into a self dredging project contract with the Korea Rural Community Corporation on the said reservoir. < Amended by Act No. 10373, Mar. 8, 2010>
B. Around June 23, 2010, the Plaintiff entered into a contract for the sale of aggregate to purchase C dredging aggregates ( sand) 20,000 cubic meters per cubic metres at KRW 600,000 in cubic metres. (2) On October 6, 2010, the Defendant agreed to supply C dredging sand 17,600 cubic metres to the Plaintiff on a unit price of KRW 6,000 in cubic metres at the request of the above E. (3) on October 6, 2010.
3) From March 201 to February 2012, the Plaintiff was supplied by the Defendant with 1,99 cubic meters of sand from March 17, 201 to February 2012. C. The instant project was terminated on May 2012, and accordingly, the Defendant was unable to provide the Plaintiff with sand from 15,604 cubic meters of 17,600 cubic meters of - 17,600 cubic meters of 17,600 cubic meters.
2. Determination as to the cause of action
A. According to the facts of the recognition of the claim for damages related to the agreement dated October 6, 2010, the obligation of the remainder 15,604 cubic meters excluding the portion already supplied in 17,600 cubic meters from the 17,600 cubic meters of sand, which the Defendant shall supply to the Plaintiff pursuant to the agreement dated October 6, 2010, was impossible due to the completion of the instant project. Thus, the Defendant suffered damages due to the nonperformance of the obligation.