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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (1) On October 17, 2014, the Plaintiff (contractor) and the Defendant (contractor) concluded a contract for construction work that constructs three houses on the ground, such as Incheon Cheongjin-gun, Incheon (hereinafter “instant contract”).
(2) The construction cost is set at KRW 278,00,000, and is paid in installments according to the base height, and an agreement was made to pay KRW 130,000,000 upon completion of the structural and brick construction.
(3) The Plaintiff completed the structural and structural construction for three housing units, but the Defendant did not pay KRW 130,000,000 according to the contract. Thus, the Plaintiff is seeking payment as stated in the purport of the claim.
2.(1) The remuneration in a contract shall be paid at the same time as the delivery of the completed object (Article 665(1) of the Civil Act), and if there is any defect in the completed object or in the part completed before the completion, the contractor may request the contractor to compensate for the said defect within a reasonable period of time (Article 667(1) of the Civil Act). If the contract cannot be achieved due to the defect in the completed object, the contract may be rescinded.
(Article 68 of the Civil Act). The obligation to assert and prove the completion of a work in a contract for work must be objectively determined in light of the specific contents of the contract and the principle of trust and good faith, without seeking a party’s argument whether the intended process has been terminated.
(2) We examine the facts that the contract of this case was concluded between the parties as described in paragraphs (1) and (2) of the cause of the claim. However, in order for the plaintiff to have completed the structural and brick construction in accordance with the contract of this case, the plaintiff must prove that the result of the construction performed by the plaintiff was completed in accordance with the design and specifications as described in paragraph (1) of the contract of this case, and only part of the outer wall was constructed, and the inner wall was not constructed at all.