손해배상 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On September 14, 2014, the Plaintiff entered into a contract with the Defendant under which the construction of reinforced concrete building works (hereinafter “instant construction works”) among construction works for constructing urban-type residential housing on the land outside Jindo-si and one parcel of land (hereinafter “instant construction works”) was fixed as the construction cost of KRW 100,000,000 and the construction period of October 30, 2014, and paid KRW 10,000,000 to the Defendant as the down payment on September 23, 2014.
B. On October 22, 2014, when the construction period of the instant construction was within the construction period, the Plaintiff demanded the Defendant to waive the instant construction work. Accordingly, the Plaintiff and the Defendant assessed at KRW 36,00,000 as the completed portion of the instant construction work that the Defendant had performed at the time, and replaced KRW 10,000,000 among them with down payment paid at KRW 10,000,000, and the remaining KRW 26,000,000, which was the following day, agreed to pay to the Defendant on October 23, 2014. In accordance with the foregoing agreement, the Defendant affixed a written waiver of construction work stating that “each person’s human resources and construction work caused the failure to waive all of the instant construction work on September 22, 2014.”
C. Around May 2015, the Plaintiff paid 20,000,000 won unpaid wages on behalf of the Defendant to F who, upon receiving the Defendant’s instruction, carried out the instant construction work on behalf of the Defendant, and indicated in the “Agreement” made between the Plaintiff and F as KRW 30,580,000, the construction cost not paid by the Defendant was KRW 30,580,000, but the Plaintiff paid only the said amount to F.
From F, F was transferred KRW 20,000,000 from among the claim for construction price against Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 6, 7, 9 (including branch numbers in the case of additional number), the testimony of witness G of the first instance court and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant shall have no special reason to the plaintiff.