손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be those resulting from the supplementary participation.
1. Basic facts
A. On March 15, 2010, the Plaintiff filed an application for a building permit to build sports facilities (a golf practice range) with one underground floor, four floors above ground, and the building area of 674.93 square meters above the total floor area of 2,009.45 square meters on the ground of three lots, other than 9,686 square meters, Nam-gu, Nam-gu, Seoul Metropolitan City, which are owned by the Korea Railroad Corporation, etc. (hereinafter “instant golf practice range”), and obtained a building permit from the port market on April 14, 2010.
B. On September 3, 2010, the Plaintiff entered into a construction contract with Defendant B (hereinafter “Defendant B”) under which the construction of a new steel tower necessary to install a water network in the instant golf range and the instant golf driving range (hereinafter “instant steel tower”) was set as a construction period of KRW 1,974,830,000 from October 15, 201 to January 13, 201, the Plaintiff entered into a construction contract with Defendant B, under which the construction period of KRW 1,947,00,000 was set as KRW 1,947,00,000 on January 7, 201, and the construction period was changed to February 28, 201, and concluded an additional construction contract with respect to the additional steel tower as well as the additional construction cost of KRW 50,000,000,000 on March 18, 2011.
(hereinafter referred to as “instant construction contract” in total, which is concluded between the Plaintiff and the Defendant B.
On November 15, 2010, the Plaintiff concluded a design contract and construction supervision contract with Defendant C, who operates the E-Architect Office, respectively.
On November 22, 2010, Defendant B subcontracted the construction of the instant steel tower to the Intervenor joining the Defendant designating the construction cost as KRW 385,000,000.
E. Defendant B, after completing the construction of the instant golf driving range, delivered to the Plaintiff, and the Plaintiff obtained the approval for the use of the instant golf driving range from the head of the Southern-si Office on March 17, 201.
F. On December 26, 201, the Plaintiff held to the Korea Railroad Corporation the entirety of the instant golf practice range and ancillary facilities, including the instant steel tower.