손해배상(기)
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
purport.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. During the construction period of the instant construction, the Plaintiff (i) dispatched C, an employee of the Plaintiff, to the site agent at the instant construction site during the extension of the construction period, and had D enter the Defendant and work as the site agent at the instant construction site. During the extended construction period, KRW 49,962,780 (i.e., labor cost of KRW 20,823,740, KRW 2012, labor cost of KRW 20,974,820 C’s labor cost of KRW 20,974,820, KRW 360, labor cost of KRW 22,490,860, while working at the construction site during the extended construction period (hereinafter “the Plaintiff’s site manager”). Moreover, during the extended construction period, the Plaintiff’s site manager spent expenses for food, consumption, oil expenses, etc. of KRW 3,67,360, KRW 20, while working at the construction site (hereinafter “the “site expenses”).
(2) The Plaintiff and the Defendant agreed to bear all labor costs and site expenses during the extended construction period as above. As such, the Defendant is obliged to pay to the Plaintiff a total of KRW 130,669,210 (= KRW 49,962,780, KRW 80, KRW 80, KRW 80, KRW 80, KRW 706, KRW 430).
3. Selectively, the instant subcontract was cancelled due to the Defendant’s cause attributable to the Defendant, such as the failure to pay the construction cost, and the Defendant is obligated to pay the Plaintiff the total of KRW 130,669,210 of the above labor cost and site expenses incurred during the construction period extended
B. The Defendant claiming the unpaid construction cost and additional construction cost, and the construction cost paid by the Plaintiff out of KRW 1,66,368,803, and the construction cost additionally paid by the Plaintiff out of KRW 87,682,656, in addition to the contract executed by the Plaintiff, 1,445,021.