공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the pertinent part of the judgment of the court of first instance as set forth in the following paragraph (2). As such, it is acceptable as it is by the main sentence of
2. According to the facts of the above-mentioned Paragraph 1 of the judgment on claim for payment for completed portion, the instant contract is deemed to have been rescinded by the Defendant’s cancellation notice following the discontinuance of the Plaintiff’s construction work. Barring special circumstances, such as where a contractor, without completing the construction work, should settle the construction cost due to the termination of the contract for construction work without completing the construction work, the construction cost shall be calculated by applying the agreed total construction cost rate to the total construction cost, in which the construction cost already completed portion out of the total construction cost and the construction cost required for the completion of the non-construction portion occupy the construction cost already completed portion among the total construction cost and the construction cost required for the completion of the non-construction portion (see, e.g., Supreme Court Decision 200Da4397, Jun. 9, 195; Supreme Court Decision 2009Da43979, Apr. 29, 209; Supreme Court Decision 2005Da3297, Apr. 29, 2007).
However, at the time of the discontinuance of the civil works of this case, the Plaintiff did not have any relation to the “rate of origin.”