손해배상
1. The Plaintiff (Counterclaim Defendant) paid KRW 66,119,296 to the Defendant (Counterclaim Plaintiff) and its related amount from June 1, 2014 to July 19, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff decided to construct a new factory on the ground of Namyang-si, Namyang-si, and obtained a building permit from the Namyang-si around September 13, 2013. At the time, the permissible drawings were prepared by the E architect office, and the E architect office is F, an employee.
B. On September 24, 2013, the Plaintiff entered into a standard contract for construction supervision with Defendant C (hereinafter “instant supervision contract”). The instant supervision contract states as “the construction period is from September 24, 2013 to December 31, 2013” and the period for performing construction supervision as “from September 24, 2013 to December 31, 2013” respectively.
C. On September 25, 2013, the Plaintiff submitted the commencement report at Namyang-si, and the said commencement report is written as “the scheduled date of commencement” and “the contractor” respectively.
Around October 1, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant B and Defendant B, who had engaged in construction business with the trade name “H” as the introduction of Samnam Village G, to newly construct three factories at the cost of construction KRW 345,00,000 (excluding value-added tax) (hereinafter “instant construction contract”).
Defendant B had a new factory in the past to G.
E. Although the instant construction contract itself stated as the “construction subcontract document”, the Plaintiff is the contractor, and there is no dispute between the parties as to the fact that Defendant B is the contractor.
In the contract of this case, the construction name "the construction name is stipulated as "the Civil Steel and Printing Corporation" but there is no dispute between the parties as to the fact that Defendant B entered into a contract with the Plaintiff to complete three factories and deliver it to the Plaintiff." The construction period is "the commencement of construction works, completion of construction works, 2013." and the payment of the price is "..........."