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 the owner of the Gyeonggi-gun C land, and was planned to construct a building on the above ground.
B. Accordingly, on March 21, 2017, the Plaintiff contracted to Defendant D (hereinafter “instant construction”) for the construction of a building with the third floor size above ground level (hereinafter “instant construction”) at KRW 620,000,000.
(hereinafter “instant contract”). (C) The contract between the Plaintiff and the Defendant is called the “instant contract”).
The Plaintiff paid a total of KRW 590,000,000 to the Defendant from March 21, 2017 to December 22, 2017 as construction price.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 2 and 6, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant embezzled the construction cost of KRW 590,00,000 received from the Plaintiff, or committed an illegal act by deceiving the Plaintiff as if he had no intent or ability to undertake the instant construction work, and the damages therefrom exceed KRW 660,000 ( KRW 60,000,000 for damages incurred by the delay of the construction work directly paid by the Plaintiff) at least 660,000 for damages.
B. However, on January 24, 2018 due to the Defendant’s cause attributable to the failure to complete the instant construction, etc., the Defendant suffered damages of KRW 590,00,000,00 that the instant contract was lawfully rescinded, which resulted from which the Plaintiff paid to the Defendant, and KRW 1,016,810,770 that the Defendant deducted the construction cost of KRW 620,000 as stipulated in the instant contract from KRW 396,810,770 ( KRW 1,016,810,770 - 620,00,000 that was paid to the Defendant for the instant construction).
Even if the amount of damages arising from the cancellation of the instant contract is calculated according to the Defendant’s high interest rate, it is merely about 42%, which is merely a little of 590,00,000 won paid by the Plaintiff, and the amount which reflects the Plaintiff’s high interest rate of KRW 329,60,000, excluding the construction cost of KRW 260,400,000, which reflects the interest rate of KRW 590,000,000, which reflects the interest rate of KRW 247,800,000. However, the Plaintiff appears to have been claimed as KRW 2