손해배상
1. The Defendant’s KRW 131,886,686 as well as the Plaintiff’s annual rate of 6% from November 29, 2013 to February 13, 2014.
Facts of recognition
The Plaintiff, who is engaged in civil engineering and construction works for the Plaintiff of CPS Co., Ltd., was awarded a contract from CPS Co., Ltd. to the construction works for steel structure (the name of the construction: CPC DE-AO PRPECT) of CPC CPC 13-3 SPHEC at Seosan-si, Busan Metropolitan City.
On September 9, 2010, the Defendant, who carries out the business of manufacturing and installing steel structures subcontracted to the Defendant, with respect to the Plaintiff, was awarded contracts from the Plaintiff for the construction work as KRW 403,700,000 (including value-added tax; hereinafter the same shall apply), the warranty period from September 30, 2010 to November 30, 2012, and the completion period from September 30, 2010 to September 30, 2010. Of the site site descriptions presented by the Plaintiff in the site consultations held by the Plaintiff for the subcontract, the Defendant agreed on the subcontract with the Plaintiff as “the Standard E-Friendly Construction Manual” and the site descriptions presented by the Plaintiff for the bid of the said subcontract, that the thickness of the fireproof royalty should be 800,875,000 to 1 hour (based on 1 hour).
On December 31, 2010, the Defendant concluded a contract with the Plaintiff to increase the construction cost of the instant case to KRW 514,140,000, and to change the warranty period from December 31, 2010 to December 31, 2012, and the deadline for completion to December 31, 2010.
From the end of December, 2010 to January 2011, the Defendant performed a fireproof work on steel structure among the instant construction works.
After completing the instant construction work on or around June 2, 2011, the Defendant entered into a subcontract settlement agreement with the Plaintiff on June 2, 201, stating that “from June 2, 2011 to June 2, 2013,” and that “the period of completion from June 2, 2011 to June 2, 201,” and that “the period of completion shall be determined as June 2, 201.”
The Defendant requested the occurrence of defects and the performance of the repair of defects, while performing the fireproof work on the steel structure during the instant construction, constructed that the thickness of fireproof paints failed to meet the above work specifications, and thereby, constructed the steel frame.