기타(금전)
1. The judgment of the court of first instance, including the claims modified by this court, shall be modified as follows:
The defendant.
1. The court's explanation on this part of the basic facts is identical to the statement on the grounds 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 on the cause of the claim
A. (1) The Plaintiff asserts that the Defendant unilaterally ceased the instant construction and the Plaintiff rescinds the instant contract by delivering a copy of the instant complaint, and that the Defendant is obliged to pay the Plaintiff advance payment of KRW 68,000,000, and delay damages therefrom, due to restitution.
In regard to this, the Defendant asserts that the Defendant returned the remainder of the cost invested in the instant construction work, excluding the amount of KRW 68,00,000,000, which the Defendant settled the actual cost, to the Plaintiff, and the Plaintiff received it without objection, and that there was an agreement on the settlement of construction cost between the Plaintiff and the Defendant. Even if there was no agreement on the settlement of accounts, the Plaintiff is obligated to pay the Defendant the fixed cost of construction to the Defendant.
(2) As seen earlier, the fact that the Defendant unilaterally suspended the instant construction and expressed the Plaintiff’s intent to terminate the construction work. As such, it is apparent that the duplicate of the instant complaint, including the Plaintiff’s declaration of intent to cancel the instant contract, was served on the Defendant on August 10, 2015, and thus, the instant contract was lawfully rescinded on August 10, 2015.
(1) The Defendant asserted that there was an agreement between the Plaintiff and the Defendant on the cancellation of the contract, but there is no evidence to acknowledge this. Meanwhile, the Defendant’s above assertion is without merit. Meanwhile, in the event that the contractor’s failure to complete construction and the contractor’s termination of the contract for construction and the contractor’s settlement of construction cost based on the completed construction cost, the construction cost should be calculated by deducting the construction cost to be actually incurred in the completion of the unexecution portion from the agreed construction cost,