손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 17, 2013, the Plaintiff was awarded a subcontract for F.C.U. COVER Corporation (F.C. COVE & M&C) among the “C Construction Works” located in Gyeonggi-si, B, to work cost of KRW 117,908,00 (value-added tax separate).
Since then, the defendant demanded the alteration of the design of the construction work, and the plaintiff demanded the adjustment of the unit price following the alteration of design.
[Ground for Recognition: Facts without dispute, purport of whole pleadings]
2. The Defendant asserted that the Plaintiff had a defect in consultation on the unit price when the Plaintiff was supplied, as the Corporation was at an urgent level.
On April 22, 2014, the Plaintiff: (a) produced presses, etc., which are materials for COVER construction from April 22, 2014 to F.C.U. COV construction; and (b) stored part of the presses that completed production at the construction site of this case on April 30, 2014 for the installation thereof.
However, as a result of unit price adjustment, the Defendant excluded the Plaintiff from the Plaintiff itself, and the Defendant selected another company on May 2014 and carried out construction work.
The defendant shall be liable for damages sustained by the plaintiff due to a default or tort.
The amount of damages is KRW 6,720,00, the sum of oil expenses, road tolls, Plaintiff’s wage, KRW 6,720,00, which the Plaintiff incurred while entering the construction site from January 5, 2014 to May 2, 2014; ② KRW 18,320,115, and KRW 19,380,00, the sum of the performance profit that the Plaintiff could have accrued if the Plaintiff completed the instant construction work, and KRW 19,380,00,115.
The defendant shall be liable to pay it.
3. Determination
A. As to the claim amounting to KRW 6,720,00 for oil expenses, tolls, and the Plaintiff’s total wage of KRW 6,720,00, there is insufficient evidence to acknowledge whether the Plaintiff actually paid the above costs, and whether the Plaintiff has invested only the Plaintiff’s time and effort to the instant construction.
Even if expenditure was made, the subcontracted project is in progress.