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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 3 million on April 1, 2017.
Reasons
1. Basic facts
A. On January 8, 2017, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) under which the construction work to remodel the E Hospital funeral hall located in Namwon-si D was awarded to KRW 200 million (hereinafter “instant construction work”). The instant construction work included air conditioners installation works.
B. C entered into a contract with the Defendant on January 25, 2017 on the supply of air conditioners, outdoor air conditioners, etc. to KRW 26,850,00,00. The supply contract is written with the following special factors and the unit price of the middle and high air conditioners (including outdoor air conditioners) of KRW 40,000:
The Defendant supplied and installed air conditioners at the construction site of this case, but was not paid in full.
F
C. Accordingly, around March 2017, the Defendant supplied air conditioners to another customer and caused employees to arbitrarily bring about two air conditioners connected to air conditioners installed at the above funeral hall (hereinafter “instant air conditioners”).
(hereinafter “instant act of taking place”). On February 2, 2018, the Defendant was issued a summary order of KRW 1,00,000 (20,000,000) with respect to the instant act of taking place by obstruction of another’s exercise of rights by the Daegu District Court. D.
The Plaintiff paid KRW 162,700,000 as the instant construction cost, but C was unable to complete the instant construction work, and the Plaintiff completed the instant construction work at KRW 130,810,500 due to its discontinuance.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 5 evidence, Eul 1 evidence (including provisional number), the purport of the whole pleadings
2. The parties' assertion
A. In the first place of the Plaintiff’s assertion, the Plaintiff could not purchase the air conditioners installed due to the instant act, and there was a damage exceeding KRW 12 million to purchase and install both air conditioners and two air conditioners. Thus, the Defendant suffered damage.