손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 21,324,904 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2015 to December 13, 2016.
A. We also examine the counterclaim.
1. Facts of recognition;
A. On December 15, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased the first floor and the first underground floor of the building in Suwon-si, Suwon-si, Suwon-si, and entered into the construction contract with the Defendant (hereinafter “instant contract”) on December 15, 2014 (hereinafter “instant contract”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”). The Plaintiff (hereinafter “Defendant”) received the India Corporation (hereinafter “instant construction”).
B. The main contents of the instant contract are as follows.
3. Period of construction: December 15, 2014 to January 30, 2015.
4. Construction amount: daily gold 159,000,000 won ( gran g.159,000,000)* Additional tax separate amount * Outside the check may be changed upon consultation with the Plaintiff when there is a change in design in the course of this construction project under separate settlement terms in Article 5.
Article 10 When the plaintiff issues additional costs due to the change or addition of work or the change of material while the defendant performs work, the plaintiff shall pay the defendant additional costs.
Article 11 The plaintiff shall pay to the defendant expenses incurred in relation to the duties already performed even where the performance of all or part of the Corporation is suspended or discontinued.
Article 13 The plaintiff may claim damages to the defendant simultaneously with the cancellation of all or part of this contract in the following cases:
5. 3/100 of the construction amount shall be deducted from each one day of repayment immediately after the contract period expires without justifiable grounds.
C. On January 30, 2015, the time of completion of the construction stipulated in the instant contract, and until March 5, 2015, the Defendant notified the Plaintiff that no additional construction cost will be paid to the Plaintiff and suspended the construction.
The Plaintiff paid the Defendant a total of KRW 131,80,000 as construction cost until the discontinuance of the construction work.
The construction work has not been performed at the time of discontinuance based on the written estimate under the contract of this case.