1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

1. The plaintiff's assertion that the defendant contracted asbestos removal construction to the plaintiff, and the plaintiff completed construction in accordance with the contract, so the defendant shall pay the plaintiff the construction cost of KRW 22 million and delay damages.

2. Determination

A. According to the reasoning of Gap evidence No. 1 and the purport of the entire pleadings, it is recognized that, on January 27, 2016, the Defendant contracted the Plaintiff with the work price of 22 million won for asbestos removal works for B company’s dormitory asbestos removal works aimed at dismantling, removing, collecting, and disposing of asbestos (hereinafter “the instant construction contract”), while the Plaintiff completed asbestos removal during the instant construction works, it did not transport and dispose of asbestos wastes.

(b) Where a contract for construction works is rescinded, if the construction has been considerably advanced at the time of the cancellation, which would seriously cause social and economic losses to restore the construction to its original state, and the completed part would benefit the contractor, the contract for construction works shall be invalidated only for the completed part, and the contractor shall deliver the work to the contractor as it is, and the contractor shall be liable to pay the corresponding remuneration in consideration of the degree of completion of the delivered construction works or the completed part, etc.

(Supreme Court Decision 2014Da83890 Decided December 28, 2017). The Defendant stated that it was difficult for the owner of asbestos wastes, which the Plaintiff was not able to take place at the third pleading date of the first instance trial, to deem that the instant construction contract was rescinded.

Therefore, the Defendant shall pay to the Plaintiff remuneration corresponding to the part of asbestos removal work completed in the instant construction contract.

C. Regarding the amount of remuneration corresponding to asbestos removal works completed by the Plaintiff (hereinafter “instant remuneration”), health class, at least 7.25 million won, is the Defendant, but subparagraph 3 of the instant remuneration is the Defendant.