손해배상(기)
1. The Defendant shall pay 6,311,000 won to the Plaintiff and 20% per annum from November 8, 2013 to the day of complete payment.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 5, 6, and Eul evidence 1:
The plaintiff is a company established for the purpose of construction work.
B. The Plaintiff newly built four small apartment units in Gwangju North-gu, Gwangju, etc. (five stories per Dong, 32 households). With respect to the structural frame construction (hereinafter “instant construction”) among the foregoing construction works, around April 2012, the term between D and the Defendant around September 30, 2012, the “Agreement on Participants in Construction Works” was drafted with the period from May 30, 2012 to September 30, 2012, and KRW 530,000,000.
C. The Plaintiff spent KRW 381,311,00 in total at the expense of the instant construction from June 18, 2012 to March 18, 2013 as follows:
1. Transfer of money to the account held in the name of Paragraph (D) as advance payment, etc. of the instant construction: Total of KRW 40,000,000 for the instant construction (wages, material costs, and equipment costs): Total of KRW 257,000 for the instant construction: KRW 52,50,000 for the direct payment of wages of the instant construction: Total of KRW 52,550 for the portion of the instant construction: Total of KRW 30,650 for the direct payment of materials: KRW 5,00 for the portion of the instant construction: Total of KRW 1,11,000 for the direct payment of materials: KRW 1,11,00.
D. The instant construction was executed only on the 7th floor of the said 4th floor, and the said 7th floor was completed on the 7th floor, and as a result, the total number of households was reduced from 128 (32 households x 4 households) to 96 (24 households x 4 households).
2. The parties' assertion and judgment
A. Plaintiff 1) The Defendant borrowed the name of Plaintiff 1 to supply and demand the instant construction work and executed the instant construction work up to seven floors.
B) The construction price of the instant case was KRW 530,00,000, which was the first 530,000, and was reduced to KRW 500,000,000 when the Plaintiff bears the cost of safety goods. C) However, since the scale of the instant construction project was reduced to KRW 75,00 (household 96 ¡À 128 x 100%), the construction price to be paid to the Defendant was reduced to KRW 375,00,000 ( KRW 5,000,000 x 75%) and the Plaintiff paid KRW 381,31,000, the Defendant paid to the Plaintiff.