손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On December 4, 2015, the Plaintiff received a subcontract for the construction work for the rural community water development project (hereinafter referred to as “instant construction work”) implemented in the Gangwon-gun District Water and Wastewater Construction Business from the Gangwon-gun Water and Wastewater Construction Business Office (hereinafter referred to as “instant construction work”) to KRW 540,000,000 (including value-added tax) for the construction work cost of KRW 540,000 (including value-added tax) on December 28, 2016) and completed the construction on December 28, 2016.
B. However, on December 30, 2015, Defendant A, an employee of the Plaintiff, was responsible for KRW 364,00,000, and completed the instant construction work at KRW 77% of the total construction cost’s public fund amounting to KRW 472,727,273 with respect to the Plaintiff and the instant construction work. However, if the actual construction cost actually invested by Defendant A is below that, Defendant A agreed to be the interest of the said Defendant.
C. From the beginning of January 2016, Defendant A commenced the instant construction, and suspended the instant construction period, and thereafter resumed from the end of March 2016. From this point of view, Defendant A participated in the instant construction and Defendant A and the instant construction. The Defendants claimed the Plaintiff for personnel expenses and material costs incurred in the instant construction, and the Plaintiff performed the construction by settling the construction cost upon completion of the construction work.
However, the Defendants did not complete the instant construction, but abandoned it in the middle of September 2016. At that time, the construction cost incurred by the Plaintiff was KRW 355,224,735, and the construction cost incurred by the Plaintiff was KRW 106,00,00,000, and the expenses incurred by the Plaintiff incurred KRW 12,868,402, and the expenses incurred by the Plaintiff incurred KRW 474,093,137, and the Plaintiff completed construction by bringing about about KRW 16,00.
E. As above, the Defendants had completed the instant construction in KRW 364,00,000, but the actual cost of the instant construction is KRW 490,093,137 (=the Plaintiff’s construction cost of KRW 474,093,137). Therefore, the Defendants suffered damages equivalent to KRW 126,093,137, which corresponds to the difference.