손해배상(기)
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On February 11, 2010, the Plaintiff concluded a contract with the Defendant for the construction work to remodel the restaurant building (hereinafter “instant remodeling work”), the construction work cost of KRW 317,350,00 (including value-added tax 28,850,000), and the construction period from March 1, 2010 to May 31, 2010, with the rate of liquidated damages rate of 5% per month, among the instant land, on April 7, 2010, which packages the outdoor portion of the freezing storage 4,479 square meters on the ground (hereinafter “instant land”); each of the instant construction work “the instant construction work”); and each of the construction work “the construction work”). The construction work cost of KRW 203,50, value-added tax (including value-added tax 28,850,000); and each of the construction work period of KRW 300,00,50,000; and each of the construction work period of KRW 30,50,500.
B. The Defendant completed the instant remodelling work, and was suspended while performing the instant marina packing work.
The construction cost according to the ratio of the base value executed by the defendant among the last package of this case is KRW 101,398,000.
C. At the Plaintiff’s request, the Defendant added construction work equivalent to KRW 34,684,305 for each of the instant construction works, such as underground water pipeline installation works, sarguing construction works, installation of stone sargus, installation of shower sargus, installation of reinforcement floors, replacement of sargue concrete walls, installation of landscaping stone, packing construction around cafeteria buildings, and floor enhancement construction works.
By June 25, 2010, the Plaintiff paid the Defendant KRW 445,00,000 in total as the construction cost of the instant case.
E. Meanwhile, the cost of repair incurred in performing the non-construction part of the Marined Works in the instant case is KRW 102,102,00 [203,00,000 (total construction cost) - 101,398,000 (the cost of performing the re-construction of the Marined Works in the instant case). The cost of repair incurred in performing the defective parts of the remodeling Works in the instant case is KRW 40,458,00 (hereinafter “each repair cost in the instant case”). The cost of repair incurred in reconstructing the defective parts of the remodeling Works in the instant case is KRW 142,560,00 (hereinafter “each repair cost”).
2) 【No dispute over the grounds for recognition.”