손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 26, 201, the Plaintiff entered into a contract with the Defendant for the construction of a new building in C (hereinafter “instant building”) located at macrosc (hereinafter “instant construction”) with the construction cost of KRW 1.168 million (liability rate of construction 82.94%) and for the construction period from July 26, 201 to January 1, 2012 (hereinafter “instant subcontract”). Thereafter, the Plaintiff changed the design for additional construction works with respect to the ordering place and the instant construction work, thereby making a subcontract to the Defendant with the construction cost of KRW 1,426,303,872.
B. The Defendant completed the instant construction work on December 31, 201, and the Plaintiff paid the Defendant a total of KRW 1,400,468,262 as the payment for completed portion under the instant subcontract agreement and paid the Defendant a total of KRW 25,835,610.
C. On October 201, the Plaintiff and the Defendant drafted a “written request for the performance of responsible construction” (hereinafter “instant performance note”) regarding the instant subcontract. As a special agreement, the provision stating that “The excess of the amount of the subcontract portion shall be paid in A” and “the subcontract rate of the modified design portion shall be settled at 5%.”
On the other hand, the Plaintiff entered into a contract with the Construction Mutual Aid Association for the warranty liability of the guaranty creditor, the National Health Insurance Corporation, the guaranteed amount of 52,405,800 won (hereinafter “instant warranty contract”). The Construction Mutual Aid Association calculated the cost of repairing defects of the instant building as KRW 7,650,00 (on October 24, 2013; hereinafter “cost of repairing defects”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 10, 20 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 through 4, witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion ①