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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a legal entity that runs the business of manufacturing and selling uniforms of the Do, and the Defendant is a legal entity that runs the construction business.
B. On December 3, 2015, Kimcheon-si contracted the instant construction project to the Defendant for construction cost of KRW 808,423,170, and the construction period from December 4, 2015 to August 29, 2016. On October 20, 2016, Kimcheon-si changed the terms of the contract that the instant construction project was contracted to the Defendant for construction cost of KRW 824,384,00 (the design price of the original construction cost plus KRW 15,960,830) and the construction period from December 4, 2015 to October 20, 2016.
(hereinafter referred to as the “original contract of this case” in total before and after the amendment of the terms of the said contract.
On December 4, 2015, the Defendant: (a) subcontracted the instant construction project as a lump sum for the construction cost, 75% of the construction cost of the instant prime contract (Provided, That with respect to the design change amount as stipulated in the instant prime contract, 90% of the said amount) to the Bocom Construction Co., Ltd. (hereinafter “ Bocom Construction”); (b)
(hereinafter “instant subcontract”). D.
On July 11, 2016, the Plaintiff was requested by C from the Director of the On-Site Construction Site to supply the goods necessary for the instant construction, such as the PE clothes and lectures, and was supplied the goods until around October 31, 2016 (hereinafter “instant commodity supply contract”), but did not receive KRW 14,884,650 (including value-added tax).
[Ground of recognition] Facts without dispute, Gap 1, 9 evidence, Eul 1, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion concluded a contract for the supply of the goods of this case with the head of the site office of Bok Construction, who is the defendant's representative, to deliver the goods necessary for the instant construction to the defendant. Thus, the defendant as a party to the contract for the supply of the goods of this case and damages for delay are 14,884,650 won and damages for delay.