손해배상(기)
1. Defendant A Co., Ltd.: (a) KRW 58,007,099 for the Plaintiff and 5% per annum from August 2, 2016 to December 21, 2017.
1. As to the claim against Defendant A
A. Facts of recognition 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant”) on May 20, 2016.
(D) the construction of remodeling food factories located in libere Group D into a logistics warehouse (hereinafter referred to as the construction of this case)
(1) Upon having awarded a contract, the construction cost was set at KRW 175 million (excluding value-added tax) and the construction period was set from May 20, 2016 to June 20, 2016. Furthermore, the Defendant Company agreed to pay for delay compensation an amount equivalent to KRW 1/1,000 of the construction cost per day when the construction is not completed within the construction period. [The Defendant side shall pay for delay compensation an amount equivalent to KRW 6 million of the construction cost per day when the Defendant Company fails to complete the construction work within the construction period.” The Defendant asserts to the purport that the construction cost should be additionally recognized, as the Plaintiff agreed to affix an additional construction work of KRW 265 million of the total amount of additional construction work of KRW 300,00 for the transfer of pipes, KRW 250,000 for the transfer of pipes, and KRW 300,000 for the installation work of pipes, respectively.
However, it is insufficient to recognize the fact that there was the above additional construction agreement only with the statement of No. 2, and the above assertion is rejected as there is no other evidence.
(2) On May 20, 2016, the date of the contract, the Plaintiff paid the construction cost of KRW 170 million in total by June 14, 2016, including the payment of KRW 17,18 million as follows.
(1) On June 2016, 2016, 17,000 won of the intermediate payment of KRW 17,000,000 as down payment of KRW 17,000 on May 24, 2016, 2016, KRW 31,000 on intermediate payment of KRW 71,00,000 on June 24, 2016; KRW 41,000 on intermediate payment of KRW 12,00,000 on June 14, 2016; KRW 171,80,000 on intermediate payment of KRW 80,00 on June 14, 2016, the Defendant Company suspended the construction without completing the construction until June 20, 2016, and the Plaintiff reached the payment period of KRW 30,00 on July 14, 2016.
5 Part of the construction work of the Defendant Company.