공사대금
1. The Defendant’s KRW 25,909,862 as well as the Plaintiff’s KRW 6% per annum from February 21, 2018 to January 16, 2020.
1. On January 27, 2015, when the Plaintiff settled from the Defendant on January 27, 2015, the Plaintiff received installation works for solar power plants at KRW 60.5kw on the C ground (including surtax) and completed construction works on June 30, 2016.
On September 26, 2016, the Defendant prepared and delivered a work completion certificate to the Plaintiff.
[The above contract is referred to as "the construction contract of this case"] According to the above facts, the defendant is obligated to pay the plaintiff the construction price of KRW 60,500,000 and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. Conditional contract: The employee D of the illegal plaintiff stated to the defendant that "I would obtain a loan from the first financial right to the land and the equipment in the name of the defendant as collateral and appropriate it for the construction cost" and concluded the construction contract of this case on the ground that "I would like to do so even if there is no money."
Nevertheless, after the completion of solar power plant, the plaintiff is still not in progress due to the failure to take all the loan procedures.
The instant construction contract was concluded after the completion of the power plant as above through loan procedures with the land and solar power plant facilities as collateral. However, the Plaintiff’s neglect to pay the construction cost is not yet fulfilled due to the Plaintiff’s failure to pay the construction cost, so there was no obligation to pay the construction cost.
The defendant is conditional contract for the construction work of this case as follows, and the contract of this case was not fulfilled yet, and thus the obligation to pay the construction cost did not occur.
(see Article 147(1) of the Civil Act), however, is alleged to the effect that it is not accepted.
Even according to the above argument by the defendant, the "Appropriation for the construction cost through loan" is merely an agreement to pay the construction cost under the contract for the construction work in this case.