손해배상(기)
1. Of the judgment of the court of first instance, the part concerning Defendant B and Osung Construction Co., Ltd. is modified as follows.
Defendant B, .
1. Basic facts
A. A. On November 2009, the Plaintiff accepted a proposal from Defendant B to leave neighborhood living facilities and detached houses buildings (hereinafter “instant building”) on the land in Suwon-si D, Suwon-si, by engaging in the same business with Defendant Osung Construction Co., Ltd. (hereinafter “Defendant Osung Construction”).
B. Accordingly, on November 24, 2009, the Plaintiff entered into a contract on November 24, 2009 with the terms that the construction work of the instant building is to be executed with the construction cost of KRW 399 million (excluding value-added tax) and the construction period of November 25, 2009 to April 30, 2010 (hereinafter “the first contract”). Defendant C jointly and severally guaranteed the contractor’s duty to be borne by Defendant B as the contractor.
C. In addition, on December 3, 2009, the Plaintiff entered into the instant construction contract with Defendant Osung Construction Co., Ltd. with the same content as that of the first contract concluded with Defendant B (Provided, That the contract amount was set at KRW 43,8,900,000,000, including value added tax, for the construction cost of KRW 399,000,000,000,000,000,000,000,000,000,000,000).
Defendant B and Osung Construction performed the instant construction from around that time, and obtained approval for the use of the instant building on December 13, 2010.
[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence Nos. 1, 2, and 32, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The plaintiff is damages in lieu of the defect or non-execution part of the construction of this case, and ① the following 3. A.
The “amount claimed by the Plaintiff” as stated in the [Attachment 1] column, 115,976,00 won, and 2. The “amount appraised” as stated in the following [Attachment 2] section of the same paragraph, shall be KRW 46,924,00, and KRW 1,1210,000,000 for the repair of defects as stated in the “amount claimed by the Plaintiff” column as stated in the [Attachment 1] section, and KRW 1,121,00,000 for the test cost incurred due to the defect in the leased part of the building of this case, and KRW 1,121,000,000 for the termination of the lease agreement as