The costs of appeal shall be borne by an independent party intervenor.

1. As to the grounds of appeal Nos. 1 and 4

A. Where a contractor has to settle construction costs due to the rescission of a construction contract with the failure to complete construction works, such construction costs shall be calculated on the basis of the agreed total construction cost, barring any special circumstances, based on the agreed upon between the parties. However, if special circumstances are acknowledged, such as there is an agreement between the parties on the repair of a unredeemed building to be paid by the contractor, it is reasonable to deem that such agreement may be otherwise calculated.

(See Supreme Court Decision 93Da25080 delivered on November 23, 1993). The appraiser’s appraisal result should be respected unless there exist significant errors, such as the appraisal method, etc. is contrary to the rule of experience or unreasonable.

(see, e.g., Supreme Court Decision 2011Da103199, Jan. 24, 2013). (B)

The following circumstances revealed by the record, namely, the instant contract applies the general conditions of the local government construction contract (amended by Ordinance of the Ministry of Public Administration and Security No. 253, Aug. 6, 2009). According to the above general conditions N-4-e, it is reasonable to view that the term cost is calculated and paid based on the contractual unit price; according to the design modification statement (2012), prepared by the Plaintiff, the independent party intervenor (hereinafter referred to as the “participating”) and the Defendant in the year 2013 design statement prepared around November 2013, it is reasonable to view that the Plaintiff and the Intervenor paid excessive amount of KRW 1,307,300,000 (including value-added tax) to the Plaintiff and the Intervenor; according to the appraisal of the instant case, the Defendant’s judgment of Changwon District Court 2014Ga6381, supra.