손해배상(기)
1. Defendant B’s KRW 274,949,70 for the Plaintiff and 6% per annum from January 28, 2014 to January 14, 2015.
1. Determination as to the claim against the defendant B
A. (1) On January 5, 2012, the Plaintiff asserted that the Plaintiff entered into a contract with Defendant B, and the Plaintiff on January 5, 2012, setting the construction cost of KRW 910,791,00 (including value-added tax) with respect to the new construction of “GGGGGGGGGGGGGG” on the ground of the Busan East-gu, Busan. On January 25, 2012, the Plaintiff was obligated to pay the Plaintiff the remainder of the construction cost of KRW 481,964,00 and the damages for delay on the construction of “IGGGGG” (hereinafter both new construction works referred to as the “instant construction works”) at KRW 90,00 (including value-added tax) with respect to the construction cost of KRW 1,810,791,00 (hereinafter “instant contract”). The Defendant B paid the Plaintiff the total construction cost of KRW 1,328,827,000,00.
(2) The Plaintiff’s assertion by Defendant B is limited to the nominal lender, and the parties to the instant contract are only Defendant B and Defendant C, who entered into the instant contract with Defendant C.
B. (1) In full view of the confirmation (A) of the party to the instant contract, Gap evidence Nos. 2, 4 through 7, 10 through 15, Eul evidence Nos. 1 through 5, Eul evidence Nos. 1 through 5, and the result of Defendant C’s examination and the whole purport of oral argument, the following facts may be acknowledged:
① On January 5, 2012, the Plaintiff’s representative director: (a) written contract for the construction work of the construction work of the FGGGGGGGGG loan (hereinafter “instant loan”); (b) written contract entered as the contractor Defendant B and the Plaintiff; and (c) January 25, 2012, written contract for the construction work of the HG loan construction work of the Plaintiff, written as KRW 900,000,000 (including value added tax); and (c) written contract for the construction work of the construction work of the Plaintiff’s construction work of the FGG loan on the Plaintiff’s land (hereinafter “instant loan”); and (d) around that time, the Plaintiff filed a prior report with the head of the Dong-gu Busan Metropolitan City, Busan Metropolitan Government.
② On January 31, 2012, the Plaintiff’s instant construction work is its place of business.