beta
(영문) 수원지방법원안산지원 2017.10.20 2016가단22554

손해배상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2015, the Plaintiff concluded a contract with the Defendant to subcontract the shape mold and reinforced concrete construction (hereinafter “instant construction”) among the construction works of the Seongdong-gu Seoul Complex Building Construction Works (hereinafter “instant construction”), and agreed with the Defendant as KRW 1,870,000 (including value-added tax; hereinafter the same shall apply) for construction period from May 4, 2015 to February 10, 2016.

B. From the beginning of July 2015, the Defendant filed a claim for payment for completed portion with respect to the construction work from July 2015 to December 2015, and received the payment for the construction work from the Plaintiff as follows.

C. On January 12, 2016, the Defendant prepared and delivered to the Plaintiff a written statement stating that “The date of completion shall be faithfully performed, but the date of completion may be extended after consultation with the ordering person, and no claim shall be made except for the amount for completed portion from the seventh period of completion.”

On January 25, 2016, the Defendant filed a claim with the Plaintiff for the payment of KRW 220,000,000 as the seven-time payment for the portion of construction work on January 25, 2016. The Plaintiff recognized only KRW 143,00,000 among them, and paid it on February 4, 2016. The Defendant had the Defendant delayed payment of some of the amount on February 10, 2016, which is the payment date for the portion of labor cost on January 2016.

E. On February 23, 2016, the Plaintiff agreed with the Defendant to change the construction period of the instant contract (this construction) to KRW 1,980,000 by March 30, 2016, and paid KRW 142,252,00 to the Defendant on the same day.

However, in February 2016, the fact that the eight-time progress payment on February 2016 related to the construction project was not confirmed by the end of February 2016.

F. On March 7, 2016, the Plaintiff sent to the Defendant a document stating that an input was made by March 8, 2016, because the Plaintiff did not make a temporary input at the instant construction site. On March 10, 2016, the instant construction was suspended due to the Defendant’s failure to pay the Defendant’s labor cost on February 2016.

G. The Plaintiff on March 15, 2016