공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 27, 2013, the Plaintiff entered into a contract with the Defendant to enter into a contract with the effect that “the contract amount: 290,000,000 won, contract deposit: 30,000 won, advance payment: 120,000 won (payment on October 24, 200), 30,000 won (payment on November 24, 200), 110,000 won (payment within two months after completion), and 110,000,000 won (payment within two months after completion): 25, 2014 (hereinafter “instant construction contract”).
B. Under the instant construction contract, the Defendant paid to the Plaintiff KRW 30 million on September 28, 2013, KRW 120 million on October 24, 2013, KRW 30 million on advance payment, KRW 30 million on November 21, 2013, and KRW 190 million on December 16, 2013.
C. The instant house undergo a completion inspection on or around January 28, 2014, but remains in the state of suspension from January 2014, for the completion of waterproof Construction, etc.
[Reasons for Recognition] Facts without dispute between us, Gap evidence 1 to 3, Eul evidence 1 to 3 and 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is that the Defendant is obliged to pay to the Plaintiff the remainder of the instant construction contract (i.e., KRW 290 million) (i., KRW 100 million) (i.e., KRW 20 million after deducting the total amount of the completion cost of waterproof construction works, etc. among the instant housing construction works (i.e., KRW 10 million - KRW 20 million) and damages for delay.
3. We examine the judgment. The instant construction contract is a contract for the completion of work, and the implementation of the contract should be determined based on whether it can be objectively seen as having been completed in light of the substance of the contract and the principle of trust and good faith, and the following circumstances, i.e., the completion of waterproof construction works from January 2014 to January 5, 201, which can be seen in light of the overall purport of pleading as a whole.