1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

C. On January 10, 2019, a corporation Co., Ltd. (hereinafter “Nonindicted Company”) concluded a Rotterdam construction contract (hereinafter “instant construction contract”) with the Defendant to operate a senior citizen’s day care facility business on the 12th floor of the building D in Suwon-gu, Busan.

Under the instant construction contract, the construction amount shall be KRW 85,00,000, and the deadline for completion shall be February 10, 2019, and the rate of liquidated damages shall be KRW 0.3%.

[Reasons] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole argument of the plaintiff's assertion as to the purport of the whole argument, the plaintiff, as the non-party company and the partnership business, operated a senior citizen's daytime protection facility business on the 12th floor of the above D building. The defendant suffered damages of KRW 26,00,000 in total, during the above period, on the wind of late completion of the construction work of this case 90 days compared to the deadline for completion.

In addition, the above A.

As seen in the above, since the completion of the construction in this case was delayed, the Defendant is obligated to pay 22,950,000 won for liquidated damages (i.e., 85,000,000 won x 0.3% x 90) under the construction contract in this case. The Plaintiff is the non-party company and the above D building 12nd as a partner of the elderly weekly protection facility business, and thus, can seek compensation for delay against the Defendant under the construction contract in this case.

Therefore, the Defendant is obligated to pay to the Plaintiff a sum of KRW 48,950,000 (=26,000,000) and damages for delay.

Judgment

The defendant completed the construction of this case 90 days later than the deadline for completion of the construction of this case only by the evidence submitted by the plaintiff.

In addition, it is not sufficient to recognize that the plaintiff suffered a total loss of KRW 26,00,000 during the above period, and there is no other evidence to acknowledge it. Thus, this part of the plaintiff's assertion is without merit.

Even if the non-party company has a claim for liquidated damages against the defendant under the construction contract of this case, the plaintiff, who is not a party to the construction contract of this case, has a business relationship with the non-party company.