손해배상(기)
1. The Defendant’s KRW 27,700,000 as well as the Plaintiff’s annual rate of KRW 6% from January 14, 2017 to June 8, 2017.
1. Basic facts
A. On July 23, 2015, the Defendant, a corporation operating a construction business, etc., set the construction period of the electricity, telecommunications, and fire fighting (hereinafter “instant construction”) among the new construction works of B Hospital located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”) as KRW 407,00,000 (including value-added tax) for the construction work period from April 30, 2015 to October 30, 2016;
(hereinafter “instant construction contract”). B.
On January 13, 2017, the registration for the preservation of ownership was completed on the instant building. The Plaintiff received a total of KRW 308,000,000 from the Defendant up to that time.
C. According to the settlement agreement written by the Defendant with the original ordering office on January 19, 2017, the unpaid subcontract price for the Plaintiff is KRW 207,00,000 (excluding value-added tax).
On January 20, 2017, the Defendant issued to the Plaintiff a certificate of the performance of electrical construction in 2016, stating that the total contract amount was KRW 535,700,000 (the amount increased by KRW 128,70,000 compared to the existing contract amount).
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. In addition to the reasoning of the lower judgment as to the cause of the claim, the Plaintiff entered into the instant construction contract with the Defendant by setting the construction cost of KRW 407,00,000, and concluded the instant construction contract with the Defendant, and thereafter, the additional construction was carried out through an additional construction agreement, and the additional construction cost of KRW 128,70,000 is recognized.
Therefore, the Defendant’s total construction cost of KRW 535,700,000 (= KRW 407,000,000), excluding KRW 308,000,000, which was already paid to the Plaintiff (i.e., KRW 535,700,000) and the remainder of KRW 227,00,000 (i.e., KRW 535,700,000 - KRW 308,000), which is the following day after the completion date of construction, from January 14, 2017 to June 8, 2017, which is the delivery date of a copy of the complaint of this case, shall be 6% per annum as prescribed by the Commercial Act.