손해배상(건)
1. The plaintiff (Counterclaim defendant) is to pay KRW 7,143,00 to the defendant (Counterclaim plaintiff) and to pay the amount of KRW 7,143,00 from April 3, 2020 to May 26, 2020.
1. Basic facts
A. The plaintiff runs a construction business under the trade name of C, and the defendant runs tin construction business under the trade name of D.
B. On July 23, 2018, the Plaintiff entered into a contract with the Defendant for the construction of a new neighborhood living facility in Gangseo-gu Seoul Metropolitan Government E (hereinafter “instant building”). On July 23, 2018, the Plaintiff entered into a contract with the Defendant to subcontract the said construction part of the said construction to KRW 33,00,000 (including value-added tax) (hereinafter “instant construction contract,” and the construction under the said contract is referred to as “instant construction”).
C. The Plaintiff paid a total of KRW 25,857,00 to the Defendant by September 4, 2018 under the instant construction contract.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 through 8 (including each number, if any), the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion was that the Defendant concluded the instant construction contract and completed the construction work after the scheduled construction period, and the Plaintiff suffered damages as follows due to the occurrence of defects in the completed construction work.
Therefore, the defendant is obligated to pay the plaintiff the amount stated in the purport of the claim.
1) Claim under the instant construction contract: 20% of the contract amount (20% of the contract amount (33,000,000 won): 3% of the contract amount: 4,455,000 won for liquidated damages: 4,45,000 won for liquidated damages: the construction of this case was completed on October 8, 2018, when 45 days have elapsed from August 24, 2018, which was the construction completion date stipulated under the instant construction contract; 0.3% of the liquidated damages rate stipulated under the instant construction contract) due to the Defendant’s delay in construction, which was incurred due to the Defendant’s delay in construction for two months or more than the scheduled date, or due to the completion of November 20, 2018.
Therefore, the defendant should compensate for the following damages caused by this.
(1) A bank operator for about six months who incurred a lease due to the delay in construction works: KRW 17,413,579.