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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff: (a) on February 24, 2017, the Plaintiff entered into a contract with the Defendant for the construction of steel structures, etc. inside the new construction site in Busan Jung-gu (hereinafter “instant construction”) with the Plaintiff on KRW 30,80,000, including value added tax; and (b) on March 5, 2017, the construction work was completed.
However, the Plaintiff received a transfer of KRW 15,650,00 from the Defendant on January 24, 2017, and thereafter again lent KRW 15,650,000 to the Defendant and received KRW 8,650,000 in substance. Therefore, the Defendant ought to pay the remainder of the construction cost to the Plaintiff and delay damages.
B. The Defendant: The Plaintiff failed to complete the instant construction; and the Defendant is not obligated to pay the construction cost for the parts completed by the Plaintiff, as it has paid all the construction cost for the parts completed by the Plaintiff.
15,000,000 won, which the plaintiff asserted that he lent to the defendant, was not known to the defendant by the defendant.
2. Determination
A. 1) Determination as to the claim for the payment of the cost of construction due to the completion of construction works (see, e.g., Supreme Court Decision 94Da26684, 94Da26691, Nov. 22, 1994). 2) The Plaintiff submitted evidence No. 6 and No. 7 on the ground of supporting the ground that the Plaintiff completed the construction works under the instant construction contract.
In addition to the Plaintiff’s transfer of KRW 23,650,00 from the Defendant as the down payment on January 24, 2017, the Plaintiff did not request the inspection of the completed portion of the construction project or the additional payment for the completed portion before the instant lawsuit, and ② the completion inspection related to the instant construction was completed.
In addition, despite the completion of construction, there is no proof that the defendant failed to receive a written confirmation, etc. from the defendant's side without any reason attributable to the plaintiff, and the evidence Nos. 6 and 7 are written unilaterally by the plaintiff.