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Reasons
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(영문) 부산고등법원 2018.02.08 2015나53483
손해배상(기)
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The plaintiff is the director of the C Hospital located in Suwon-gu, Busan, and the defendant is a company running construction business.

B. On November 13, 2012, the Plaintiff: (a) concluded a contract with the Defendant for the construction work to remove the back portion of the C Hospital building with the first and fourth floor above the ground; and (b) to connect the building with the existing building by newly laying the first and third floor above the ground (the third floor) (hereinafter “instant construction work”; and (c) to the extended part of the building (hereinafter “instant building”).

The part relating to the issue of this case in the contract of this case is as follows.

1. Construction name: D Corporation;

3. Period of construction: Value-added tax of 830,000,000 won, for the supply price of 913,000,000 won: November 13, 2012, and completed February 28, 2013: 83,00,000 won.

6. The timing and method of payment of completed portion: 10% of the down payment, 20% of the 30% of the 20% of the completion of construction (construction) after the completion of 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30% of the 30

9. The rate of liquidated damages for delay: 0.01% of the contract amount general conditions and Article 4 (Construction Supervisor) (1) The project owner may appoint a person who performs the following matters on behalf of himself/herself:

1. Supervising and attending the general construction work;

2. To be present in the inspection or examination of the materials and construction works of the Corporation;

3. To be present at the delivery of the completed portion of the construction work and the inspection of completion;

4. Other entrustment by the owner of the building with respect to the supervision of construction works.

C. Meanwhile, with respect to the instant construction project, the Plaintiff and the Defendant entered into a side agreement (Evidence B (hereinafter “instant side agreement”) with the amount of KRW 1.32 billion (the supply price of KRW 1.2 billion, value-added tax of KRW 120 million, value-added tax of KRW 120 million) as to the instant construction project.

According to the above side agreement, the plaintiff is in the above side agreement to the defendant.

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