손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 3, 2012, the Plaintiff was awarded a subcontract by the Defendant for landscaping planting and facility construction work among the construction works in the Army, the High Military, and the Military Installations Private Investment Facilities, with the construction period fixed from April 3, 2012 to July 19, 2012.
On May 10, 2012, the Defendant urged the subcontractor in charge of civil engineering works at the meeting of the Representative Safety Council at the meeting of the Plaintiff and subcontractors to preferentially implement landscaping construction site work.
On July 16, 2012, the Defendant pointed out that the progress of civil engineering works is poor at the meeting of the Representative Safety Council. On July 16, 2012, the Defendant stated that the Plaintiff “as the planting of trees is inappropriate for the period of seven to eight months, the packing construction and structure construction shall be first implemented, and the present state of landscaping in each region shall be verified, and the suspension work shall be first implemented
Since then, the defendant requested the plaintiff to change the contract term in accordance with the current construction progress situation, but did not reach an agreement between the plaintiff and the defendant on the amendment of the contract terms.
On July 23, 2012, the Plaintiff discontinued construction work and completed it at the construction site.
Accordingly, the Defendant notified the Plaintiff to perform the contract, and terminated the contract on August 2, 2012 on the ground of the Plaintiff’s nonperformance of obligation.
“The notification is sent.”
[Reasons for Recognition] Uncontentious Facts, Gap 1-4, Eul 1-9, the purport of the entire pleadings
2. Determination
A. In light of the facts acknowledged prior to the recognition of liability for damages caused by the body of creditors and the circumstances revealed in the entire pleadings, it cannot be deemed that the Defendant was omitted in the body of creditors.
The plaintiff asserts that, in order for the plaintiff to start landscaping works, prior process such as civil engineering works should be completed, but it is impossible for the plaintiff to perform the construction works within the contract period due to the delay of the prior process, the defendant is liable for the creditor body.
However, even though the obligor has provided performance in accordance with the content of the obligation, the obligee refuses to receive it.