The defendant dismissed an application for compensation filed by the applicant for compensation.

1. On February 19, 2014, the Defendant made a false statement to the effect that, while entering into a contract for the interior household construction of the instant house with the victim C at the site of the construction of neighboring residential housing located in Gwangju-si, Gwangju-si, the Defendant would immediately pay the construction price by obtaining a loan from the bank as security after obtaining the completion of the construction work at the site of the interior household construction of the said house.

However, the defendant did not have the intent or ability to pay the construction cost even if the injured party completes the above construction work.

Nevertheless, the Defendant made such a false statement, and caused the victim to perform the construction work and repair work between the above time from the above time to September 1, 2014, and did not pay the total construction cost of KRW 31,70,000, and acquired the benefit corresponding to the above amount.

2. Determination

A. The defendant and his defense counsel asserted that since the victim, who is the supplier of the above construction, failed to perform the duty of repair of defects under the contract, the defendant has not paid the construction cost, and that the victim is merely a civil monetary obligation that should pay the construction cost except when the victim properly performs the duty of repair of defects or when the degree of defects is specified in lieu of the repair is specified, and that the defendant has no intention to acquire it.

B. According to Article 667 of the Civil Act, when there is a defect in the completed object or the completed part before the completion, the contractor may claim against the contractor for the repair of the defect within a reasonable period of time (Paragraph 1), and the contractor may claim damages in lieu of or together with the repair of the defect (Paragraph 2). In this case, each obligation between the contractor and the contractor is concurrently performed (Paragraph 3). Meanwhile, where the contractor claims damages in lieu of the repair of the defect, the contractor shall be liable until the contractor has provided the performance of his/her obligation in relation to the claim for damages.