The defendant shall pay 105,830,000 won to the plaintiff and 12% per annum from March 24, 2020 to the day of complete payment.

1. Basic facts

A. On May 13, 2019, the Plaintiff was awarded a contract with the Defendant for the construction work of manufacturing and installing container cargo boxes on the ground, including 660 square meters, Jeonsung-gun, Jeonsung-gun, Seoul (hereinafter “instant construction work”) at KRW 115,830,000 for the price.

(hereinafter “instant contract”). B.

On August 31, 2019, the Plaintiff produced and installed container cargo boxes on the ground of the above land.

C. However, the defendant did not pay 105,830,000 won out of the price to the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff completed the instant construction, the Defendant is obligated to pay the Plaintiff the unpaid amount under the instant contract.

B. The Plaintiff cannot seek payment for the unpaid construction cost against the Defendant, since part of the construction work, such as the fire-fighting system, has not been completed in the above container load box.

In addition, the actual price determined for the instant construction project between the Plaintiff and the Defendant is less than the construction price under the contract of this case (Evidence A 1). The agreement on the portion of the price under the contract of this case concerning the contract of this case constitutes a false declaration of conspiracy and thus null and void.

3. Determination

A. The criteria to distinguish between the failure to complete construction works of the first building and the defect in the cause of the claim are deemed to have been completed if the construction is not completed the last process scheduled to be interrupted during the course of the construction. However, if the construction is to be completed due to incomplete remuneration, it is reasonable to interpret that the construction is completed but it is not only to have any defect in the object. Whether the last process scheduled to be completed in individual construction works has been completed is in light of the specific contents of the construction contract in question and the principle of trust and good faith.