공사대금반환
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) except where the plaintiff and the defendant added a “additional Judgment” as to the assertion that was supplemented or emphasized in the trial of the court of first instance; and (b) it is identical to the reasoning of the judgment of the court of first instance; (c) thus, they are cited by the main sentence of Article 420
2. Additional determination
A. The Plaintiff’s assertion 1) The Plaintiff was designed by the method of “independent Basic Construction” in the name of the instant construction work, and the Plaintiff did not agree to implement the construction work by changing the construction work into the “former Basic Construction Works” method. As such, the Defendant asserts that the payment for the completed portion of the construction work ought to be calculated on the premise of the construction work under the “independent Basic Construction Works” method in determining the completed portion of the construction work. (ii) In a case where the contract for the construction work was rescinded, where the construction work was considerably advanced at the time of cancellation, causing significant social and economic loss, and the completed portion would be beneficial to the contractor, the contract for the construction work is invalidated only for the completed portion, and the contractor delivers the owner of the work, and the contractor is obliged to pay the corresponding remuneration to the contractor, barring any special circumstances.
On the other hand, where the contractor has to settle the construction cost due to the rescission of the construction contract without completion of the construction work, the construction cost should be calculated by applying the ratio of the construction cost calculated based on the nature and the construction cost to the non-construction part or the construction cost to be actually entered or entered.
At the time of the contractor's obligation to pay the construction cost, that is, the construction cost that the contractor has already completed as of the time of suspending the construction work, and the construction cost that the contractor will have to complete the unconstruction part.