손해배상(기)
1. The Defendant’s KRW 12,85,252 to the Plaintiff and the Plaintiff’s annual rate of KRW 5% from August 2, 2013 to June 3, 2015.
1. Basic facts
A. On June 1, 2013, the Plaintiff entered into a contract on the construction work price of KRW 120 million between the Defendant and the Defendant, and the construction period of KRW 50 million from June 5, 2013 to September 2, 2013, and entered into a contract on the construction work of the ground C in the former North-gun, North Korea-U.S. (hereinafter “instant construction work”).
B. On July 10, 2013, the Plaintiff sent a content-certified mail to the effect that the Defendant, the contractor, unilaterally reduced the construction area and was defective in the water meter construction work, etc.
C. The Defendant suspended construction works in the state of partial construction works, removal works, basic works, pipeline works, and flooring works. Until the construction is discontinued, the Plaintiff paid KRW 32 million to the Defendant the construction cost.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 8, fact inquiry result of this court's appraiser's inquiry, purport of whole pleadings
2. The plaintiff's assertion as to the cause of claim
A. The construction cost that the Defendant performed in excess of the construction cost is KRW 18,040,894. As such, the Plaintiff paid the Defendant in excess of the construction cost of KRW 13,959,106 (i.e., KRW 32,00,000, KRW 18,040,894).
B. The construction cost is KRW 749,100 (=681,00 value-added tax of KRW 68,100). ② Additional construction cost for the “basic construction, horizontal and horizontal construction, water supply, and septic tank construction,” which was newly incurred by the Defendant due to the defect in the construction part, is KRW 6,014,80 (= KRW 5,468,00 value-added tax of KRW 546,80). As such, the Defendant is obliged to pay KRW 6,763,90 in total as damages in lieu of the defect repair to the Plaintiff.
C. The plaintiff suffered a huge mental suffering other than physical damage due to the suspension of works by the defendant, delay of construction work following the selection of a new contractor, etc., so the defendant is the plaintiff.