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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 원고는 2011. 9. 29. 주식회사 C(이하 ‘C’이라 한다)과 사이에, 충남 부여군 D 외 4필지 지상에 계사(鷄舍) 4동 및 관리사 1동을 신축하는 공사(이하 ‘이 사건 공사’라 한다)에 관한 도급계약을 체결하였다
(hereinafter “instant contract”). The Plaintiff and C set the construction period of the instant construction from October 3, 201 to January 30, 2012, the construction price was KRW 3,132,503,00.
B. On December 2, 2011, C entered into a subcontract for the automation facility construction among the instant construction with Defendant A who operates a equipment company under the trade name “E”.
(hereinafter “instant subcontract”). C and Defendant A concluded the instant subcontract, respectively, set the construction period of automated equipment from October 3, 201 to January 30, 2012 (construction within two months after the completion of construction work) and the subcontract construction cost as KRW 563,540,000.
Since then, the subcontract price of this case was increased to KRW 640,887,200, including the additional construction cost of KRW 77,347,200.
C. The instant construction was not completed by January 30, 2012, which was the date of completion of the instant contract.
Accordingly, F, as a director of C, worked as the site manager at the construction site of this case, demanded the Defendant B, who had been responsible for the construction of automation facilities at the construction site of this case, to carry out the construction schedule for the automation facilities. D.
From the end of March 2012, the Defendants promised to complete the operation of all equipment and electrical works until May 15, 2012. In addition, if the work is not performed within the above period, thereby causing damage to C and the Plaintiff, Defendant A shall compensate C and the Plaintiff for the amount equivalent to twice the total construction cost, and Defendant A shall be liable to compensate for the damages, and Defendant A shall be liable to compensate for the said amount. This case’s case’s “No. 4 of the Construction Schedule Schedule No. 4, 2012.”