손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On May 29, 2017, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant to subcontract the part of the said construction work of reinforced concrete (hereinafter “instant construction”) to the Defendant, on August 30, 2017, after being awarded a contract for the construction work of the Cridge (hereinafter “Cridge”) by the Cridge (hereinafter “Cridge”).
B. According to the instant contract, the construction period is on July 13, 2017, and March 31, 2018, and the construction cost is on KRW 275,00,000 (including value-added tax).
C. The Defendant suspended the construction work around December 2017 while continuing the instant construction work.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 15, 19, and 20, witness D's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. On January 17, 2018, the Plaintiff asserted that the construction was not completed, the Defendant spent KRW 168,140,075 on the wind that the Plaintiff directly employed the human body and completed the said construction.
As above, since the plaintiff suffered losses due to the defendant's default, the defendant is obligated to pay the above KRW 168,140,075 to the plaintiff as well as damages for delay.
B. In the event that the original contractor’s discontinuance of construction works led to the discontinuance of construction works by another method, and the cost increases higher than the cost agreed upon between the original contractor and the contractor, the increased cost of construction works within a reasonable range can be deemed as damages arising from the breach of the contract for construction works by the contractor.
(See Supreme Court Decision 2000Da31885, Nov. 26, 2002). Accordingly, in order to recognize the increased construction cost due to the discontinuance of construction as damages, the increased cost of construction should be within the reasonable scope of expenses incurred in relation to the original construction cost.
However, the Plaintiff’s construction cost of this case 275,00,000 won is 224,478.