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Reasons
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(영문) 대구지방법원 2016.09.29 2016나5403
손해배상
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 5, 2014, the Plaintiff drafted a construction contract with the Defendant (Evidence A No. 4; hereinafter referred to as “the first construction contract”) with the following content, and entered into a construction contract with the Defendant (hereinafter referred to as “the first construction contract”).

The field of contract: The contract amount for the construction project with the largest lot of land A and B: the contract amount for the first construction project with the Japanese third three hundred thousand won (13,300,000 won). However, there is no dispute between the plaintiff and the defendant about the fact that the contract amount for the first construction project is KRW 13,40,000,000.

The owner C and the defendant enter into a contract for the above-mentioned tin work and the outside (existing construction stones) of the above-mentioned building, and for the coalking work.

(including external Capitals) means of payment.

1. 50% 6,500,000 won when executing construction at the site of materials;

2. Balance payment of 6.8 million won within 6.8 million won after completion of construction: Simblet C Co., Ltd. (Defendant) : D

B. On October 14, 2014, the Plaintiff paid to the Defendant KRW 13.4 million, respectively, in total, KRW 6.5 million and KRW 6.9 million on October 29, 2014.

C. On November 6, 2014, the Plaintiff, in the name of C, drafted a construction contract with the Defendant (Evidence A 6; hereinafter “second construction contract”) with the following content.

The name of the supply contract: The construction date of the supply contract: E.L. 24,00,000 won for E.L. (24,000,000 won is maintained in separate sections of VAT, but the seal is not affixed: From December 30, 2014 to January 20, 2015, C and the defendant enter into a contract with the following principles of good faith:

1. The defendant shall execute the work on the site by complying with the official date in accordance with the prescribed specifications using materials designated by C;

2. C shall modify, under consultation, the specifications and methods of construction to the Defendant where it is inevitable to guide and reduce the final end of the specifications and specifications.

3. Actual expenses shall be settled for additional works other than those included in the terms of contract;

Terms of Payment:

2. 26.

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