손해배상(기)
1. The Defendant’s KRW 24,421,58 as well as the Plaintiff’s annual rate of KRW 5% from May 1, 2014 to June 26, 2014.
1. Basic fact-finding construction name: Construction price for reinforced concrete construction works of the indoor military unit B: 180,000,000 (Additional Tax Separate Construction Period): From August 6, 2012 to November 6, 2012: Payment method within the military mountain unit B shall be made in cash;
The total construction cost-180,000,000 won (Additional Tax) down payment - 36,000,000 won (Additional Tax Table) intermediate payment - Labor cost/ material cost claim and settlement payment within 5th day of the following month - Issuance of tax invoice for all material cost as the plaintiff - The details of construction (influence No. 200,00) to be submitted after preparation of the monthly labor ledger: The scope of construction work shall correspond to the contract.
Design change: The plaintiff shall adjust the construction amount in accordance with the details of this construction project in the case of a decrease in addition to a certain part of the construction project even after the contract is made.
Other: To cease construction when the contract is breached;
Matters not specified in this Agreement shall be governed by the Commercial Act and the general practices.
On August 2, 2012, the Plaintiff, a company engaged in construction works, civil engineering works, etc., subcontracted to the Defendant “B-unit indoor shooting range reinforced concrete construction works” (hereinafter “instant construction works”). The details are as follows.
B. On August 2, 2012, the Plaintiff paid KRW 22,80,000,000, excluding the material cost of KRW 13,200,000 (the Plaintiff’s direct payment to C) to the Defendant on August 2, 2012. On September 28, 2012, the Plaintiff wired KRW 3,00,000 to the Defendant’s account.
C. The Defendant continued the instant construction in accordance with the foregoing contract, but failed to complete the instant construction within the construction period.
After that, the instant construction was continued and completed around March 2013.
(In relation to the progress of construction after the construction period, the plaintiff asserts that the construction has been completed by himself, while the defendant asserts that the construction has been completed by continuing the construction). [The grounds for recognition] The fact that there is no dispute, the entries in Gap 1 through 5 and the purport of the whole pleadings.
2. Determination as to the claim of this case