손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a juristic person established for the purpose of distributing steel bars, wholesale and retail business, etc., and the Defendant is an individual entrepreneur engaged in the construction business under the trade name of “C,” and the Plaintiff’s representative director D and the Defendant is the same book.
B. When the factory building leased and operated by the Plaintiff was sold due to auction and delivered, the Plaintiff asked the Defendant of the new construction of the factory (hereinafter “instant construction”) at the beginning of 2014, and the Defendant issued a rough estimate (hereinafter “the instant quotation”) written to the Plaintiff as follows.
1. 1160,00 won per ton of construction costs ¡¿ 850 square meters 986 million won (including houses, offices (154 square meters) and factories, 170 tons of standard and 900,000 won per ton of construction costs;
2. Aggregate of the surface survey of authorization and permission costs of KRW 25 million, the construction design of KRW 25 million, the supervision costs of KRW 18 million, the electricity of KRW 40 million, and the list of KRW 50 million: 158 million;
C. Since March 2014, the Plaintiff and the Defendant commenced the instant construction by paying part of the cost of materials, etc. On May 20, 2014, a fixed contract form was drawn up between the Plaintiff and the Defendant in writing with the following content:
(hereinafter referred to as “first contract”). Written contract
1. Construction name: A factory construction corporation;
2. The construction site: Jincheon-gun of Chungcheongbuk-gun;
4. Scheduled public date: December 30, 2014.
5. Contract amount: 70% at the time of the commencement of a project and 30% at the time of the completion of the project.
On March 2015, the Plaintiff and the Defendant entered into an additional contract for new construction works by oral factory (hereinafter “second contract”) with respect to the second contract, and the Plaintiff and the Defendant entered into a contract agreement with respect to the second contract with respect to the construction cost of KRW 345 million (including value-added tax) on September 2, 2015, and with the completion date of construction until September 30, 2015.
E. On September 7, 2015, the Plaintiff is against the Defendant.