손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 116,438,961 and 92,00 among the above amounts.
1. Authorized fact-finding construction name: Construction cost of reinforced concrete construction works within the unit B: From August 6, 2012 to November 6, 2012: Payment method within the military mountain unit B shall be made in cash;
Total amount of construction - 180,000,000 won (Additional dues) down payment - 36,000,000 won (Additional dues separately) intermediate payment - Labor cost/ material cost claim and settlement payment within the fifth day of the following month - Issuance of tax invoice for all material cost as the Plaintiff - Submission of the monthly labor ledger (identification No. 200,000) after preparation of the monthly labor ledger: The scope of construction work shall correspond to the contract.
Design change: The plaintiff shall adjust the construction amount in accordance with the details of this construction project in the case of a decrease in addition to a certain part of the construction project even after the contract is made.
Other: To cease construction when the contract is breached;
Matters not specified in this Agreement shall be governed by the Commercial Act and the general practices.
On August 2, 2012, the Plaintiff entered into a construction contract on the “B-unit reinforced concrete construction works” (hereinafter “instant construction works”) with the Defendant on the following terms: (a) the Plaintiff’s purpose of construction works and civil engineering works; and (b) concluded a construction contract on the “B-unit indoor shooting range reinforced concrete construction works (hereinafter “instant construction works”).
B. On August 2, 2012, the Defendant received 22,80,000 won, excluding 13,200,000,000 won for materials that the Plaintiff directly paid to C, among down payment of KRW 36,00,00,000, and performed the instant construction. However, the instant construction was not completed by November 6, 2012, which is the date of completion stipulated in the instant contract. The Plaintiff paid the Defendant the labor cost of KRW 97,810,00,00 for the instant construction period, and KRW 3,582,00,000 for each of the instant construction periods.
C. From November 7, 2012 to February 28, 2013, the Plaintiff additionally spent KRW 107,135,00, food expenses, and KRW 4,892,400, respectively. From November 7, 2012 to March 21, 2013, the Plaintiff additionally leased and additionally leased temporary materials from C from November 7, 2012 to March 21, 2013.