공사대금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. The reasoning of the judgment of the court of first instance citing the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following “the judgment on the grounds for appeal by the defendant by the defendant by the defendant by the second time,” and thus, it is cited by the main sentence of Article 420 of the
2. The Defendant asserts to the effect that “The construction work on one house, five growing houses, and two outdoor, outdoor, landscaping, etc. under the instant construction agreement is not completed, and thus, the Plaintiff is not obligated to pay the construction cost.”
The criteria for distinguishing the non-completion and defects of a newly built building shall be deemed to have been completed if the construction was interrupted during the course of the construction and the last process scheduled to be completed. However, it shall be deemed that the construction has not been completed if it has not completed the last process scheduled to be completed, and its main structure has been completed as a building in light of social norms by constructing the main structure as agreed upon. However, if it is required to repair due to an incomplete construction, it is only that there is a defect
It is reasonable to interpret that the issue of whether the final process scheduled for each individual case has been completed should be objectively determined in light of the specific contents of the contract for new construction of the building in question and the principle of good faith (see Supreme Court Decision 97Da44768 delivered on December 23, 1997). In full view of the respective descriptions and images of the evidence Nos. 4, 5, 6, 10, and 11 (including several numbers) and the overall purport of the pleadings, the fact that the Plaintiff completed the construction of the housing built pursuant to the instant construction agreement, separate from whether there is any defect in the housing 1 unit, 5 growing company, 2 units, outdoor external markets, landscaping, etc., so it is reasonable to deem that the construction has been completed in accordance with the instant construction agreement.
The defendant's above assertion is without merit.
3. Conclusion, the judgment of the first instance is justifiable, and the defendant's appeal is dismissed as it is without merit.