beta
(영문) 대구지방법원포항지원 2017.08.29 2015가단302985

손해배상(기)

Text

1. The Defendant’s KRW 22,808,705 with respect to the Plaintiff and KRW 5% per annum from June 22, 2015 to August 29, 2017.

Reasons

1. Facts of recognition;

A. Around January 2015, the Plaintiff entered into a contract with the Defendant for the construction of light-scale steel structure and storage (hereinafter “instant construction”) on the part of the Defendant, North Korea-gu C, North Korea-si, the construction cost of which is KRW 80,000,000 (hereinafter “instant construction contract”).

B. On February 16, 2015, the Plaintiff filed a building report for the instant construction project with the owner to the head of the north-si Port Office.

C. On February 23, 2015, the Plaintiff paid the Defendant KRW 20,000,000 as the instant construction cost, respectively, and KRW 20,000,000 on March 25, 2015.

On May 14, 2015, the Defendant discontinued the instant construction work without completing it.

E. Meanwhile, the height rate of the instant construction is 39.24% at the time the construction was suspended.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2-1-2, Evidence No. 2-1-2, Results of appraiser D's appraisal, and the purport of the whole pleadings

2. Determination

A. 1) The plaintiff's assertion that the contract for construction work of this case was concluded orally with the defendant, while the defendant asserted that the construction work of this case was conducted directly by the plaintiff and was merely a worker employed by the plaintiff. 2) The defendant argued that the construction work of this case was conducted directly by the plaintiff, and that it was merely a worker employed by the plaintiff. 2) The defendant presented the opinion that the contract for construction work of this case was concluded directly by the plaintiff. 1) The defendant suggested the plaintiff's estimation of the construction work of this case, i.e., the plaintiff's direct design request for the construction work of this case. 2) The defendant presented the opinion that the construction work of this case was set at KRW 80,000,00 as a result of the plaintiff's acceptance of the above opinion, and 3) the defendant is necessary for the construction work of this case.