손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is a general construction company that operates civil engineering and construction business. The Defendant is a person who runs a creative construction business under the trade name “C” and filed a report on the closure of business on June 2, 2015.
B. On May 12, 2015, the Plaintiff entered into a contract with the Plaintiff, setting the construction cost of KRW 150,80,000 for remodeling construction works of the land E-building in Busan and Seo-gu, and the construction period from May 13, 2015 to June 15, 2015, with the penalty for delay as 20% of the total construction cost.
C. On May 18, 2015, the Plaintiff entered into a subcontract with the Defendant and the said remodeling construction (hereinafter “instant construction”) with respect to the construction cost of KRW 15.4 million (including value-added tax) and the construction period from May 21, 2015 to June 11, 2015.
On May 18, 2015, the Plaintiff paid an advance payment of KRW 7 million to the Defendant, and the intermediate payment of KRW 5.3 million on June 1, 2015.
When multiple defects were discovered in the process of the defendant's execution, the plaintiff requested the defendant to execute the work properly.
On June 4, 2015, the Defendant first paid the remainder to the Defendant, and the Plaintiff paid the remainder of KRW 3.1 million to the Defendant on June 4, 2015, even though the Corporation did not proceed more than 30%.
The defendant shall complete the construction of this case by June 11, 2015 to the plaintiff on the same day, and if the construction is not completed by the above deadline, 20% of the construction cost will be compensated for.
'' has drawn up a letter of content.
E. From June 8, 2015 to June 16, 2015, the Plaintiff urged the Defendant to perform the instant construction works on the part of the instant construction works, but the Defendant failed to complete the instant construction works, and the Plaintiff notified the Defendant that the instant construction contract will be terminated on June 16, 2015.
The plaintiff entered into a subcontract with other companies with regard to the above non-execution portion, and the execution details executed by the above companies are as listed below.
F G. .