손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The contract between the plaintiff and the defendant for construction work
1. A (Plaintiff) shall give to B (Defendant) a contract for the construction of a building C in 16,00,000 won;
2. A (Defendant) is responsible for, and implement, all authorized and permitted acts in conformity with the purpose of use (general restaurants).
(3) The construction of the floor of the outside land, the external toilet, and the installation of the external roof shall be responsible for the restoration of the boundary after the completion of the survey.
4. After completion of the building, all repairs of the building shall be responsible for one year.
5. A shall pay 5,00,000 won as down payment on August 10, 2016, and from the commencement of construction work to B, the construction period shall be 30 days, and from the commencement of construction work, A shall additionally pay 5,00,000 won on the commencement date of construction and pay the balance of 6,00,000 won after completion.
6. When the above matters are moving along, all the civil responsibilities shall be vested.
7. Eul shall pay Party A a tax invoice of KRW 16,00,000, design cost of KRW 4,000,000.
On August 10, 2016, the Plaintiff and the Defendant concluded the instant contract with the content that the Plaintiff gave the Defendant a contract for construction cost of KRW 16,00,000 with respect to the construction of the building (hereinafter “instant building”) in Busan-gu, Busan-gu, and drafted a written contract with the following contents.
B. The Plaintiff paid KRW 18,100,000,000 on August 14, 2016, in total, KRW 18,100,00 on September 5, 2016, KRW 3,000,000 on August 17, 2016, KRW 5,000 on September 5, 2016, KRW 200,000 on September 8, 2016, KRW 11,100,00 on September 14, 2016, KRW 18,100,000 on September 14, 2016, the Plaintiff paid the Defendant construction expenses in relation to the instant contract as follows, from August 10, 2016 to November 14, 2016:
C. The Plaintiff, including the Plaintiff’s criminal complaint against the Defendant, did not complete the construction work until February 2017, despite the Defendant’s payment of the said construction cost, against the Defendant around March 2017.