2. The costs of lawsuit shall be borne by the Plaintiff.

(1) On July 21, 2017, the Plaintiff was awarded a subcontract by setting the construction cost of KRW 212,751,00 (including value-added tax) and the construction period from July 21, 2017 to April 30, 2018, among the Newly constructed Busan Northern-gu C (hereinafter “instant construction”).

d. The construction was suspended on October 27, 2017 while the Plaintiff was performing the instant construction.

Article 30,393,00 won was paid from the Defendant on September 20, 2017 as the prepaid construction cost in August 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) the Defendant voluntarily suspended the instant construction work on October 27, 2017; and (b) agreed that the Defendant would pay the Plaintiff the construction cost as the construction cost if the Plaintiff actually submitted a statement of construction cost or a statement of accounts to the Plaintiff until that time.

Since the construction price is KRW 42,246,270 from September 1, 2017 to October 27, 2017, the Defendant is obligated to pay the said construction price to the Plaintiff.

② Also, the Defendant’s on-site director D obtained confirmation as to KRW 30,00,00, which was the period of September 2017 and KRW 30,000,00. Since the sum of construction cost and profit-making expenses incurred by the Plaintiff from October 1, 2017 to October 27, 2017 exceeds KRW 12,246,270, the Defendant is obligated to pay the Plaintiff a sum of KRW 42,246,270 as construction cost.

B. Determination 1) In the event that a contractor is obliged to settle construction costs based on the period of construction work upon the rescission of a contract for construction work without completing construction work, such construction costs shall be the amount calculated at the rate of the period and the rate at which the contractor would discontinue construction work, based on the agreed total construction cost, barring special circumstances such as the existence of an agreement on remuneration for the part of the period of work between the parties (see, e.g., Supreme Court Decision 2012Da39769, May 24, 2013).