1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Grounds for this part of the underlying facts by the court

D. Paragraph (1) and grounds for recognition are as follows: (a) the grounds for the judgment of the first instance are as follows, except for the deletion of “the result of appraiser E’s appraisal.”

2. As the Plaintiff’s assertion terminated of the instant contract, the Defendant is liable to compensate the Plaintiff for delay damages of KRW 24,960,480 [25,452,00 for the completed construction cost of KRW 25,452,00 for the completed construction cost of KRW 25,452,00 for the remainder of KRW 25,452,00 for the completed construction cost of the instant construction work x 35,318,00 for the remainder of the completed construction cost of KRW 28,539,520 for the remainder of KRW 25,452,00 for the completed construction cost], ② 8,701,00 for the defect repair cost of the part executed by the Defendant, ③ 10,34,825 for the delayed construction cost of the instant construction work x 05,00 for delay damages of KRW 59,970,00 for the construction cost of the private construction work x 315,2545,2419]

3. Determination

A. Where one contract for construction work is rescinded upon the cancellation of a contract for construction work, which was considerably advanced at the time of the cancellation, causing significant social and economic losses to restore it to its original state, and the completed part is beneficial to the contractor, the contract is invalidated only for the completed part, the contractor delivers the work to the contractor as it is cancelled, and the contractor is obliged to pay the corresponding remuneration in consideration of the degree of completion of the delivered work, the completion of the work, and the completion of the work, barring special circumstances.

Where a contractor has to settle the construction cost due to the rescission of a construction contract with the failure to complete the construction work, he/she shall calculate the construction cost by applying the agreed construction cost by applying the ratio of the base part and the construction cost calculated based on the construction cost actually entered or to be entered into the non-construction part.

The interest rate shall be due and payable.