beta
(영문) 대구지방법원영덕지원 2016.11.24 2014가합1197 (1)

손해배상(기)

Text

1. The Defendant’s KRW 40,99,147 as well as the Plaintiff’s KRW 5% per annum from September 18, 2014 to November 24, 2016, and the following.

Reasons

1. Basic facts

A. 1) On August 22, 2013, the Plaintiff entered into the instant modified contract (i) and the Defendant on August 22, 2013, and Gyeong Young-gun B and three parcels, the “C” pension of the size of three floors above ground (hereinafter “instant building”).

(2) After the completion date of the new construction project, the Defendant and the Plaintiff entered into a contract with the owner on October 10, 2013, the date of the commencement date of the construction project, which was determined as the date of completion of the construction project. (2) After the completion date of the new construction project, the Plaintiff and the Plaintiff agreed to amend the said contract. On January 24, 2014, the Plaintiff entered into a contract by changing the said contract to the construction cost of KRW 1.6 billion (excluding value-added tax), the date of commencement of the construction project, October 10, 2013, and May 30, 2014, after receiving a new estimate from the Defendant.

(hereinafter referred to as the “instant modified contract,” and the “construction following it,” are called the instant construction project. (b)

(1) The Defendant obtained approval for the use of the instant building on July 16, 2014. (2) The Plaintiff paid the Defendant KRW 1.685 billion in total as the construction cost from November 1, 2013 to July 15, 2014.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, 9, 11 (including virtual numbers), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Defendant asserted 1’s claim for damages due to the delay in the instant construction is to lease the first floor of the instant building, and concluded a lease agreement between D and lease deposit of KRW 100 million, monthly rent of KRW 3300,000,000 from July 1, 2014 to June 30, 2016, and in the process, the Defendant paid KRW 340,000,000 in total to E, which arranged the lease agreement from July 1, 2014 to June 30, 2016.

However, even though the completion date of the instant construction works was May 30, 2014, the Defendant completed the instant construction works before July 16, 2014, which was 47 days.

The above lease contract was canceled due to the delay of construction by the defendant, etc., and the plaintiff suffered damages equivalent to the above 3.4 million won, and the defendant is liable for delay due to the delay of construction to the plaintiff.