손해배상(기)
1. The Defendant’s KRW 37,104,123 as well as the Plaintiff’s annual rate of 5% from July 12, 2017 to July 4, 2018, and the following.
1. Facts of recognition;
A. The Plaintiff is a company established on October 13, 2008 for the purpose of running a soil construction business, reinforced concrete construction business, etc., and the Defendant is a company established on November 6, 2003 for the purpose of carrying out a construction business, painting, aesthetic work, waterproof construction business, etc.
B. On December 9, 2011, the Plaintiff entered into a contract and a subcontract. (1) On December 9, 201, 201, the G Apartment-gu, Sungnam-si (hereinafter “instant apartment”).
) The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives of this case").
2) From the above apartment building construction project, the roof repair project of the above apartment building (hereinafter “instant construction project”)
(i) 1,199,00,000 won (including value-added tax; hereinafter the same shall also apply in the absence of any separate entry;
(2) As to the construction period from December 15, 201 to June 30, 2012, each contract is concluded (hereinafter “instant contract”).
() On December 12, 2011, the instant construction work was subcontracted to the Defendant in a lump sum by setting the construction cost of KRW 1,139,050,000 and the construction period from December 13, 201 to June 30, 2012 (hereinafter “instant subcontract”).
(2) At the same time, the Defendant re-subcontracted the instant construction work to D at KRW 768,00,000 for the construction cost. Since D ceased construction on March 31, 2012, the Defendant re-subcontracted the instant construction work to E on a lump sum basis to the firstman on April 2012.
C. (1) Under the instant contract, the Plaintiff was paid the construction cost of KRW 748,50,000 in total from December 20, 201 to July 4, 2012 by the instant council of occupants’ representatives (i.e., a progress payment of KRW 421,50,000 according to the progress rate of KRW 327,00,000, and value added tax). (ii) The Plaintiff filed against the instant council of occupants’ representatives for a claim against the instant council of occupants’ representatives for the payment of KRW 67,50,000 for the progress payment of KRW 67,50,000 (excluding value added tax) on June 20, 2012. However, the instant council of occupants’ representatives rejected this on the ground that the Plaintiff incurred water from the part executed by the Plaintiff, and on June 20, 2012.