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Reasons
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(영문) 대전지방법원천안지원 2017.06.23 2016가합101153
손해배상(기)
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1. The Defendant’s KRW 64,260,00 and the Plaintiff’s annual rate of KRW 5% from May 27, 2016 to June 23, 2017.

Reasons

1. Basic facts

A. On March 19, 2015, the Plaintiff entered into a contract with the Defendant for the following (hereinafter “instant contract”) with respect to the construction of a new apartment house A on the ground (hereinafter “instant construction”).

- Construction cost: 595,00,000 won - Construction period: From March 18, 2015 to the same year;

7. Not later than 31. - Not later than 31. - The amount of construction work per day shall be 1/1000.

B. From May 2015 to July 201 of the same year, the Plaintiff paid the Defendant KRW 268,200,000 in total as the progress payment of the instant construction project over three times.

C. On September 19, 2015, the Plaintiff agreed with the Defendant to pay the remainder of the construction price of KRW 327,000,000 to the Defendant’s subcontractor directly.

(hereinafter the above agreement is referred to as “instant direct payment agreement.” 【The ground for recognition, the fact that there is no dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 2 (including variety numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination as to the claim

A. 1 Plaintiff’s assertion on the claim for damages, which caused more than the agreed construction cost to be paid by the Defendant, was not paid to the subcontractor when the subcontract price was paid to the subcontractor, and thus, the Defendant’s subcontractor discontinued the instant construction work. Accordingly, the Plaintiff did not have to pay the subcontract price directly to the subcontractor. As a result, the Plaintiff paid KRW 72,619,500, more than the agreed construction cost under the contract for the instant construction work, as follows, KRW 567,619,500, more than the agreed construction cost.

Since the Plaintiff paid more than the agreed construction cost as above due to the Defendant’s tort, the Defendant is obligated to pay the Plaintiff the above amount of KRW 72,619,500 as damages.

- The progress payment paid to the Defendant - KRW 268,20,000 - the subcontract price paid to the Defendant’s subcontractor - KRW 381,419,500.

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