손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 13, 2016, the Plaintiff asserted that it was awarded a contract for the pelvis Corporation (hereinafter “instant construction”) from the Defendant to KRW 148,40,000 for the construction cost of the commercial building construction in Yongcheon-si B and C (hereinafter “instant construction”).
During the instant construction project, the construction cost was reduced to KRW 105,00,000 as a result of the design change, and the Plaintiff incurred additional construction cost of KRW 38,90,000 after the Plaintiff’s additional construction work, and the Defendant paid KRW 55,00,000 in total among the construction cost.
Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 8,90,000 (=105,000,000 KRW 38,900,000-5,000) and value-added tax amounting to KRW 1,439,00 [=105,000,000 KRW 38,900,000] x 1,4390,00 won [105,000 KRW 38,90,000].
2. The written evidence Nos. 3 through 7 alone is insufficient to acknowledge that the Plaintiff was awarded a contract for the instant construction work from the Defendant, and there is no other evidence to acknowledge otherwise.
Rather, it is reasonable to view that the Plaintiff received the instant construction contract from D when adding the purport of the entire argument to the written evidence Nos. 1 and 2.
Therefore, the first plaintiff's assertion cannot be accepted on a different premise.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.