손해배상(기)
1. As to KRW 186,446,605 and KRW 92,166,70 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 1, 2019 to March 2, 2020.
1. Facts of recognition;
A. On June 11, 2018, the Plaintiff contracted construction cost of KRW 429,00,000 (including value added tax; hereinafter the same shall apply) to the Defendant for the construction work of KRW 429,00,00 (hereinafter “instant contract”). B. From June 11, 2018 to September 4, 2018, the Plaintiff paid KRW 340,000,000 to the Defendant as construction cost.
(c)
Around February 2019, the Defendant unilaterally discontinued the instant construction, and on March 6, 2019, the Plaintiff sent a Kakao Stockholm message to the Defendant that “from March 8, 2019 to March 8, 2019, the instant construction will be resumed. If the construction is not resumed by March 8, 2019, the Defendant would terminate the instant contract.”
(d)
On April 1, 2019, the Defendant prepared and submitted to the Plaintiff a written waiver of construction works as follows:
The name of the Corporation: The reason for the waiver of the Project in this case: The principal of the discontinuance of the Project due to the failure to perform the Project in this case shall have entered into the contract with the Corporation as above, but he shall have several problems in performing the Project, and shall have the responsibility to waive all the powers of the Corporation and to assume the reasonable responsibility therefor.
E. On April 1, 2019, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) and the content pertaining to the instant case are as follows.
The Plaintiff and the Defendant concluded the instant contract.
The plaintiff paid 340,000,000 won to the defendant, and the above amount exceeds the amount of money.
Although the plaintiff and the defendant tried to complete the construction work by mutual consultation, they make it difficult for the defendant to continue the construction work any longer due to the defendant's circumstances, they agree to write down the current state of fairness and to minimize the possibility of subsequent disputes by photographing it as follows:
8. The defendant is responsible for all defects in a construction process as at the time the responsibility for the defects is responsible.
(f).