손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in light of the overall purport of the arguments in the statements in Gap evidence Nos. 1-1, 2, 2-1, 2-2, 5-8, and 16, and there is no reflective evidence.
Around May 28, 2013, the Plaintiff, as a comprehensive construction company, was awarded a contract for construction work (hereinafter “instant construction work”) with the content of constructing “E-Medical Care Center” (hereinafter “E-Medical Care Center”), which is a welfare facility for the aged (hereinafter “instant medical care center”) on the land and the land of YY-gu, Ansan-si, Ansan-si. The specific content of the construction contract is as follows.
Standard construction contract for a private construction project: The construction site for a new construction project for a facility for the elderly and children: The date scheduled for completion of June 1, 2013: the contract price on December 30, 2013: 1,089,000,000 won (including value-added tax): the contract price: 30% (297,000,000,000 won) of the total contract amount: The penalty for delay based on the intermediate payment payment rate: 1/1000 of the daily contract amount;
B. On December 20, 2013, the Plaintiff and B agreed to postpone the completion date of the instant construction project as of April 30, 2014.
C. B paid to the Plaintiff KRW 640 million by December 2013, KRW 100 million on February 7, 2014, and KRW 100 million on March 25, 2014, respectively.
The instant construction project obtained permission for completion after completion of September 2, 2014.
E. However, with respect to the Plaintiff, that “B voluntarily uses the construction cost received from B without paying it to the subcontractor, and avoided the contact between B, the instant construction was suspended before the completion date of the completion of the relevant construction work, and that “B completed the instant construction work while paying the construction cost directly to the subcontractor,” and that “B completed the instant construction work while paying the construction cost directly to the subcontractor.” As for the Plaintiff, at KRW 301,728,014, the sum of the construction cost directly paid by the subcontractor to the subcontractor and the repair cost incurred directly by the subcontractor, the defect repair cost incurred by the Plaintiff recognized as the result of appraisal