공사대금 및 손해배상청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a person engaged in the building business, etc. and is a simple branch of the defendant C and elementary school, and the defendant C and the defendant B are married couple.
B. On July 4, 2008, the Plaintiff made an oral agreement between the Defendant C on the construction of a wooden house (hereinafter “instant housing”) on the ground of the F (hereinafter “instant land”) (hereinafter “instant land”), and on August 4, 2008, the Plaintiff made a written contract for construction (hereinafter “instant construction contract”). The Plaintiff made the Defendant B as the contractor for the construction of the instant housing (hereinafter “instant construction contract”) to embody it, and the main contents are as follows: < Amended by Presidential Decree No. 20688, Aug. 4, 2008; Presidential Decree No. 2420, Sep. 23, 2013>
Standard Subcontract Form of Construction Works
1. Construction name: Neighborhood living facilities and eco-friendly wooden housing;
2. Construction place: F at the time of leisure.
3. Period of construction: September 1, 2008, and December 31, 2008.
4. Contract amount: 290,000,000 won (including design expenses) and value-added tax separately.
5. Method of payment: Advance payment shall be made by 30% of the contract amount.
Of 30%, 20,000 won design fees, etc. have been paid, and the remainder shall be implemented in accordance with the special agreement.
The first progress payment: 20% of the contract amount shall be paid immediately after the establishment of a basic concrete on the first floor.
Provided, That it shall be implemented in accordance with the special agreement.
The second progress payment: 20% of the contract amount shall be paid immediately after the establishment of the slab concrete in the first floor.
Provided, That it shall be implemented in accordance with the special agreement.
The third progress payment: The balance shall be paid at the same time as the usage inspection is conducted and immediately after the goods are transferred to the owner.
Provided, That it shall be implemented in accordance with the special agreement.
(Matters of Special Agreement)
3. Details of the payment of construction price and construction price;
B. 20,000,000 out of the down payment (1) the details and terms of payment for progress payment are 20,000,000 won for authorization and permission expenses ( until obtaining permission) and design expenses. 220,000,000 won in the balance of the construction cost, whichever is 157,00,000 won out of the total amount of 220,000,000 won shall be immediately for the construction cost to the person designated by the Plaintiff according to