1. The judgment of the court of first instance, including the Plaintiff’s principal claim expanded and reduced in this court, is next to the judgment of the first instance.

1. Basic facts

A. A. Around March 2017, the Plaintiff operating a private company with the trade name of “C” was awarded a contract from the Defendant for the extension and reconstruction works of Yangyang-gun D and E-ground housing (hereinafter “instant housing”) and the reinforcement works of retaining walls (hereinafter “instant construction works”)

(hereinafter referred to as the “instant contract”). The instant contract was not drafted with respect to the instant contract.

B. On March 7, 2017, the Defendant paid the Plaintiff KRW 50,00,000, totaling KRW 10,000,000 on the construction cost, and KRW 50,00,000 on May 8, 2017, and KRW 25,00,000 on May 9, 2017.

C. A dispute arises between the Plaintiff and the Defendant regarding the payment of construction costs and defects, etc., and the instant construction was suspended on or around June 15, 2017, and the Plaintiff was dismissed at the construction site around that time.

[Ground of recognition] A without dispute, entry of evidence No. 8, purport of the whole pleadings

2. Determination on the main claim

A. (1) In the event that a contract for construction work is rescinded upon the termination of the relevant legal doctrine, where the construction work was considerably advanced at the time of the rescission, and the restoration to the original state significantly incurs social and economic loss, and the completed part becomes a benefit to the contractor, the contract for construction work is invalidated only for the completed part and the contractor is cancelled, and the contractor delivers the work to the contractor as it is. Barring special circumstances, the contractor is in a relationship of the right and duty to pay the corresponding remuneration in consideration of the degree of completion of the delivered construction work or the completion of the work (see Supreme Court Decision 2014Da83890, Dec. 28, 2017). (2) The Plaintiff concluded the instant contract with the Defendant on or around March 2017 and continued the construction work and suspended the construction work at the construction site on or around June 15, 2017, as seen in the above basic facts, and in light of the foregoing, the instant contract was concluded on June 15, 2017.