손해배상(기)
1. Of the principal lawsuit, the Plaintiff’s claim for return of unjust enrichment changed in exchange in this court is dismissed.
2. The first instance.
1. The fact of recognition common to the principal lawsuit and counterclaim;
3. Construction sites: Sejong Special Self-Governing City E;
4. Period of construction: The contract amount on September 21, 2015 through February 25, 2016: 929,500,000 won (including value-added tax): 11. Rate of liquidated damages: 0.1% of the contract amount per day immediately preceding the number of days. Article 38 (Cancellation or Termination of Contract) (2) Where any cause falling under any of the following subparagraphs occurs, the principal contractor or the subcontractor shall notify the other party in writing of the correction or performance thereof by fixing a period of at least one month, and where the correction or performance thereof is not made within the prescribed period, all or part of this contract may be rescinded or terminated:
Article 41 (Safety Management Expenses) (1) Where the principal contractor deems it objectively difficult to deliver the object of construction within the delivery date because the subcontractor refuses to commence construction works or delays construction works without any cause attributable to the principal contractor, he/she shall set safety management expenses in accordance with the standards for appropriation and use of funds for occupational health and safety management of construction business.
(2) A principal contractor may pay the subcontractor appropriately and allow him/her to use the safety management expenses appropriated, in consideration of the risk, etc. of the subcontractor.
On September 21, 2015, the Plaintiff entered into a contract with the Defendant for a temporary installation and reinforced concrete construction (hereinafter “instant construction”) during the D Energy Rationalization Project contracted by the Defendant and C (hereinafter “C”) (hereinafter “C”), and the parts relating to the instant case are as follows:
B. On February 16, 2016, the Plaintiff extended the said construction period between the Defendant and the Defendant by April 30, 2016.
C. On April 26, 2016, the Plaintiff agreed to pay additional KRW 44,00,000 for the expenses for the installation of a stone work cost, and KRW 23,100,00 for the expenses for the installation of a railing, and including this, paid the Defendant a total of KRW 982,30,000 from November 16, 2015 to April 28, 2016.
The defendant shall take measures after April 30, 2016.