공사대금
1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the amount of money ordering the payment of the principal lawsuit below.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Determination as to the claim on the principal lawsuit
A. (1) Determination as to the cause of claim (1) Determination as to the Plaintiff’s assertion that the construction amount based on the existing and high ratio until the discontinuance of the instant construction project is KRW 64,849,346 (excluding value-added tax), and the Defendant only paid the Plaintiff a total of KRW 39,50,000. As such, the Defendant is obligated to pay the remainder construction cost of KRW 25,349,346 and its value-added tax of KRW 2,534,934.
(2) In the case of a construction contract for construction works, even if a contract has been rescinded and completed, if the construction is considerably advanced, the contractor is obligated to pay a reasonable remuneration to the contractor for the building delivered in consideration of the nature of the building, and the contractor is obligated to pay a reasonable remuneration to the contractor for the building that has been delivered in consideration of the nature of the building and other relevant factors. (2) In the case of a construction contract for construction works, if the construction is considerably advanced, the restoration to its original state would incur significant social and economic losses, and the completed portion is beneficial to the contractor, the contractor is obligated to deliver the building to the contractor, and the contractor is obligated to pay a reasonable remuneration to the building delivered in consideration of the nature of the building.
(Supreme Court Decision 96Da43454 delivered on February 25, 1997). In a case where a contractor has to settle construction cost due to the rescission of a construction contract without completion of the construction work, the contractor shall calculate the construction cost by applying the ratio of the completed part and the pre-construction cost calculated based on the construction cost actually required or to be required for the pre-construction part to the agreed construction cost. The completed ratio is already completed.