1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

On November 8, 2016, the Plaintiff received a subcontract from the Defendant during the period of construction of another project (hereinafter referred to as “the instant subcontract”) from the Busan East-gu Celing Corporation (hereinafter referred to as “the instant Teling Corporation”) for KRW 22 million (hereinafter referred to as “the contract price of KRW 10,000,000,000 for the intermediate payment of KRW 5,000,000 upon entering into the contract, and the intermediate payment of KRW 5,000,00,000 for the remainder payment after the completion of the contract), from May 2, 2016 to January 10, 2017 (hereinafter referred to as “the instant subcontract”). The Plaintiff had completed a considerable portion of the instant other project in accordance with the instant subcontract, but failed to complete the instant subcontract because it had been conducted by the Defendant, and the Plaintiff did not dispute between the parties or 100,000,000,000 won for the remainder payment of the contract price as a whole.

According to the above facts, even if the plaintiff had not completed part of the work of the other work of this case, the plaintiff had completed the work.

Even if the subcontract of this case, which is a bilateral contract, becomes unable to perform the Plaintiff’s obligation to complete the construction due to the Defendant’s responsible cause, and thus, the Defendant is obliged to pay the Plaintiff the full construction price under Article 538(1) of the Civil Act.

(2) The Defendant’s contract of this case provides that the remainder of the construction cost shall be paid at the time of granting the loan approval after the completion of the construction work. This is due to an indefinite term, even if it is confirmed that the loan approval was not granted after the completion of the construction work.