손해배상(기)
1. Of the judgment of the first instance, the Plaintiff’s KRW 10,010,000 against the Defendant and its related thereto from January 3, 2017 to November 23, 2017.
1. Basic facts
A. A. Around May 2016, the Defendant entered into a contract with the Plaintiff under which “The Plaintiff would receive the instant construction cost of KRW 16.5 million (i.e., KRW 3., KRW 8.5 million (hereinafter “instant construction cost”) from the Plaintiff (hereinafter “instant contract”).” (hereinafter “instant construction contract”).
B. The Plaintiff paid the Defendant the instant construction cost of KRW 2 million on May 26, 2016, KRW 7 million on May 27, 2016, KRW 15 million on the aggregate of KRW 6.5 million on June 8, 2016, and KRW 1,55 million on the instant construction cost. Of the instant construction cost, the Plaintiff did not pay KRW 1 million.
C. 1) On August 31, 2016, the Defendant suspended the instant construction, and on which August 31, 2016, the Plaintiff prepared and issued a written statement stating that “I will complete the instant construction by no later than October 5, 2016, as the construction was suspended for several months due to the Defendant’s personal circumstances during the instant construction, and each written statement stating that I will complete the instant construction by no later than October 5, 2016.” (2) On November 24, 2016, the Plaintiff sent to the Defendant a document verifying the content that “I would complete the instant construction and exercise the right to reimbursement if the Defendant did not complete the instant construction by no later than December 5, 2016,” and this was served to the Defendant around that time.
3) On December 6, 2016, the Plaintiff: (a) the content-certified mail stating that “the Plaintiff requires the Defendant to complete the instant construction and, if not, within seven days, would complete the construction and claim damages (hereinafter “the second content-certified document”).
the Defendant was sent at that time, and this was served on the Defendant.
The Plaintiff, upon the Defendant’s failure to perform the instant construction works, concluded a contract with D for the portion of the instant construction works, and completed construction works on the portion of the instant construction works, which was not completed, and the Plaintiff completed construction works on July 5, 2017.