1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 17, 2013, the Plaintiff entered into a contract with the Defendant to manufacture and install an elevator at the construction site of a building located in Gangnam-gu Seoul Metropolitan Government as of October 4, 2013, with the contract amount of KRW 43,450,00, and the due date of payment of KRW 13,035,000, an intermediate payment of KRW 26,070,000, when entering into the contract, the Plaintiff agreed to pay KRW 4,345,000 at the time of entering the site of main materials and KRW 4,345,00 prior to the date of applying for completion inspection.

B. After that, the Plaintiff manufactured and installed an elevator at the above construction site, but the Defendant did not pay the full payment up to the present day on the ground that the building construction is not completed and the trial run is not completed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, or the purport of the whole pleadings

2. As seen earlier, the payment of the full payment is required to be made seven days prior to the application for the completion inspection, and the application for the completion inspection is difficult to be regarded as a clear fact.

However, the above conditions are not applied for completion inspection but applied for completion inspection at least seven days prior to the completion of the manufacture and installation works of an elevator, barring any special circumstance. Thus, as long as the plaintiff completed the manufacture and installation of an elevator, it is reasonable to view that the above conditions were fulfilled even if the defendant did not apply for completion inspection, or that the defendant who is the party to the obligation to be disadvantaged due to the fulfillment of conditions interfered with the fulfillment of conditions against the good faith and good faith and thus,

(See Article 150 of the Civil Act). Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,345,000 for the full payment and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 24, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint

3. Conclusion, the plaintiff .