(영문) 수원고등법원 2020.09.17 2020나11090

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(영문) 수원고등법원 2020.09.17 2020나11090

공사대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of the underlying facts is as stated in paragraph (1) of the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Plaintiff completed the instant construction project in accordance with the instant construction contract. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 220 million out of the construction cost, and damages for delay thereof. (2) In addition to the completion inspection on the instant building under a special agreement, the Plaintiff and the Defendant agreed to: (a) the construction work in favor of the Plaintiff to prevent the Plaintiff from entering the instant building; (b) the completion of the installation and interior of automatic entrance; (c) the completion of the construction work in favor of the Plaintiff; (d) the completion of the installation and interior of the automatic entrance; (d) the completion of the construction work in the third floor; (d) the first floor height of the new building; and (e) the completion of the remainder of the construction work in the 20c-meter packing (hereinafter collectively referred to as the “instant construction agreement”); and (e) the Plaintiff did not fulfill the terms and conditions of the payment of the remainder due to the Plaintiff’s failure to perform the construction work.

B. The criteria for distinguishing between the failure to complete the construction of a new building and the failure to complete the construction of a new building shall be deemed to have been completed if the construction was interrupted during the course of the construction and the failure to complete the last stage of the construction scheduled. However, if the construction of a new building is completed and the main structure was completed as agreed upon, the construction is completed, and even if there was a partial failure, it is merely a defect in the construction.

When the construction work is completed, the contractor's claim for the construction cost is established for the part of the non-construction work.

참조조문

-민사소송법 제420조

유사 판례

-서울중앙지방법원 2018.02.08 2016가단5231740

-제주지방법원 2020.08.18 2020가단543

-서울동부지방법원 2015.12.11 2015나22580

-대전지방법원 2018.11.28 2016가합106548

-대법원 2017. 12. 28. 선고 2014다83890 판결