손해배상(기)
1. The Defendant’s KRW 48,00,000 and the annual rate of KRW 5% from June 6, 2016 to March 4, 2017 to the Plaintiff.
1. On March 5, 2015, the Plaintiff: (a) concluded a contract with the Defendant for construction work of a new house C on the ground of Chungcheongnam-gun, Chungcheongnam-do; (b) KRW 165 million for the construction cost; and (c) the construction period from March 5, 2015 to June 5, 2015.
From March 6, 2015 to May 13, 2015, the Plaintiff paid the Defendant the construction price of KRW 125 million to the Defendant, but the Defendant failed to complete the construction work.
From June 6, 2015, the Plaintiff spent KRW 82,993,00,00 in total for construction costs while performing construction directly from June 6, 2015. The Defendant guaranteed the Defendant’s obligation to D and paid KRW 8 million to D. Based on the Defendant’s erroneous construction, the Plaintiff incurred KRW 4.5 million for re-design costs.
Accordingly, the Plaintiff seek for the payment of KRW 48 million and damages for delay as part of the claim that deducts the construction cost of KRW 40 million that the Plaintiff did not pay to the Defendant from the above amount due to the damages and reimbursement for nonperformance.
2. Article 208 (3) 3 of the Civil Procedure Act: