1. In a case where the contractor has to settle the construction cost due to the rescission of the construction contract without completion of the construction work and the settlement of the construction cost due to the expiration thereof, barring special circumstances, such as otherwise stipulated in the agreement, the construction cost shall be calculated by applying the agreed rate of the total construction cost to the total construction cost, in the sum of the construction cost already completed and the construction cost required for the completion of the non-construction part, to the total construction cost.

Therefore, in order to calculate the construction cost based on the already completed construction cost or to deduct the construction cost required for the completion of the non-construction part from the agreed total construction cost, special circumstances, such as the agreement, should be recognized.

(3) On June 9, 1995, the lower court: (a) paid the instant construction work to the Defendant on the grounds stated in its reasoning; (b) paid the provisional attachment price of KRW 548,90,000 (the value of KRW 499,000,000 and KRW 49,90,000,000) to the Defendant on the basis of the provisional attachment order (see, e.g., Supreme Court Decisions 200Da4095, Feb. 26, 2003; 2012Da39769, May 24, 2013); and (c) received the provisional attachment order from the Defendant on May 29, 2012; and (d) received the provisional attachment order from the Defendant on the basis of the provisional attachment order of KRW 548,90,000 (the value of the instant construction work; and (e) received the provisional attachment order of KRW 200,000 from the Defendant 214.