손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On October 16, 2013, the Plaintiff entered into a contract for construction works with the Defendant and the Plaintiff’s construction works of TV buildings (hereinafter “instant construction works”) located in 93, Cheongju-dong, Cheongju-dong (hereinafter “instant construction works”) at KRW 596,00,000, and at March 17, 2014 (hereinafter “instant contract”).
B. On February 21, 2014, prior to the scheduled completion date of the instant construction project, the Plaintiff received from the National Health Insurance Corporation a notice of the seizure of the Defendant’s claim for the instant construction cost against the Plaintiff at KRW 235,042,70. On March 5, 2014, the Plaintiff sent to the Defendant a notice of seizure on the Defendant’s claim for the construction cost. As the grounds for rescission of the instant contract arose, the Plaintiff sent the content-certified mail to the effect that “if the instant contract is not completed by March 17, 2014, it would rescind the instant contract.”
C. On March 31, 2014, the Plaintiff sent a text message to the Defendant for prompt progress of construction, such as 'fire air conditioners, kitchen scamscams, merchantboards, and sckes,’ and then ordered the Defendant to suspend construction on April 7, 2014.
Meanwhile, from October 18, 2013 to February 21, 2014, the Plaintiff paid the Defendant totaling KRW 394,500,000 as the construction price of the instant case.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 4 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The summary of the Plaintiff’s assertion is 54.62% [the amount of contract 596,00,000 won - the construction cost 270,408,420 won which the Plaintiff spent due to the discontinuance of the Defendant’s construction] ± 325,535,200 won, which is the amount equivalent to the construction cost based on the existing rate x 54.62% (i.e., contract amount 596,00,000 won x 54.62%).