손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 137,495,600 among the Plaintiff and KRW 107,795,600 from August 31, 2016 to the day of full payment.
1. Facts of recognition;
A. On August 31, 2015, the Plaintiff was awarded a subcontract by setting the construction period from September 1, 2015 to February 29, 2016 (hereinafter “instant construction”) to manufacturing and installing furnitures among the construction works of the Seo-gu Atel in Gwangju-gu (hereinafter “instant construction”) as the contract amount, 1,169,000,000 won.
B. On September 9, 2015, the Plaintiff entered into a contract for the manufacture of goods with a collaborative company (hereinafter “instant contract”) by determining the supply term on February 15, 2016 with respect to the instant construction project as KRW 750,000,00 (in addition to value-added tax, an increase of the contract amount to KRW 80,000,000) and the contract amount to KRW 750,000,000,000 (hereinafter “instant contract”). The Defendant agreed to compensate the Plaintiff for all damages if the Plaintiff suffered damages due to the Defendant’s breach of the instant contract, such as quality defect, packing volume
(hereinafter referred to as “instant agreement”) Article 9 of the Special Conditions for Contracts (hereinafter referred to as “instant agreement”).
From January 11, 2016 to March 4, 2016, the Plaintiff paid a total of KRW 600 million to the Defendant as the construction price of the instant case seven times.
As the Defendant failed to complete the instant construction by February 15, 2016, the delivery deadline, the Plaintiff extended the time limit on March 15, 2016.
E. However, the Defendant waived the instant construction work on March 15, 2016, as it was impossible for the Defendant to pay the price of goods to the raw materials company, etc., such as Lee Jong-Hy and Mannn, etc.
F. Therefore, the Plaintiff was supplied with the household by paying the price to the raw materials company, furniture manufacturers, etc. directly traded by the Defendant, and the household installation work entered into a contract with the installation company and completed the instant construction on May 5, 2016. In the foregoing process, the amount paid to the raw materials company, which is the Defendant subcontractor, and the household construction company is KRW 357,795,600 as shown in the attached Table.
G. Meanwhile, on September 2, 2016, the Plaintiff was unpaid to B (mutual “C”) upon the Defendant’s waiver of the construction work.