손해배상(건)
1. The Defendant (Counterclaim Plaintiff) paid KRW 40,01,030 to the Plaintiff (Counterclaim Defendant) for KRW 40,01,030, and the amount from March 22, 2016 to January 10, 2018.
1. The fact of recognition was that the Defendant ordered C to undertake the construction of a new Embridge (hereinafter “instant construction”) on the land outside Donan-gun and two parcels (hereinafter “instant construction”), but the construction was suspended upon completion of the structural construction.
After that, on November 30, 2015, the Plaintiff started construction of the instant construction work from the Defendant during the construction period of KRW 658,350,00, and from December 14, 2015 to April 30, 2016 (hereinafter “instant contract”).
From December 10, 2015 to February 29, 2016, the Defendant paid the Plaintiff KRW 329,850,000 as the construction cost.
While the instant construction is continuing, the Defendant notified the Plaintiff that the instant contract for construction was terminated on March 4, 2016 on the ground that the construction was delayed due to the Plaintiff’s unilateral change of termination, and around that time, the Plaintiff suspended the construction and had another construction business operator complete the construction.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 evidence (including each number in the case of additional evidence) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s principal claim made an additional construction upon the Defendant’s request, and paid the additional design cost in the process. The construction cost required for the part of the Plaintiff’s construction work, including the additional design cost, is KRW 471,130,000.
Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 141,280,000, which remains after deducting KRW 329,850,000 that was already paid from the above amount, and the delay damages therefor.
B. The Defendant’s counterclaim claim is obligated to pay the Plaintiff KRW 319,50,00,00, which is the remainder after subtracting the construction cost of KRW 338,80,000 from the construction cost of KRW 658,350,00 as stipulated in the instant contract from the construction cost of KRW 658,350,00, which will be incurred in completing the non-construction portion. The Defendant paid KRW 329,850,000 in excess
Therefore, the Plaintiff’s excessive KRW 10,300,000 (=329,850,000) paid to the Defendant - KRW 319,550,000) and its related thereto.