1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The Plaintiff asserted that the construction was suspended due to the Defendant’s fault, such as the Defendant’s unilateral request for design change and the refusal of payment of additional construction costs, while the Plaintiff continued construction by being awarded a contract with the Defendant for the construction of a rooftop set of rooftop gardens from the Defendant, and the construction cost was 16,060,000 won until the discontinuance

Therefore, the Defendant is liable to pay the Plaintiff the unpaid construction cost of KRW 8,00,000,000, deducted from the construction cost of KRW 8,060,000, and the delay damages.

B. Where a contractor is obligated to settle a contract for construction work in the middle of the contract for construction work, unless otherwise agreed by the parties, the contract price to be paid by the contractor shall be calculated by applying the ratio of the amount of the work cost to the amount of the work cost actually incurred or to the amount of the construction cost to be incurred, and the ratio of the amount of the construction cost to the portion of the total construction cost incurred in completing the non-construction portion is the ratio of the construction cost to the portion of the total construction cost incurred in completing the non-construction portion. Thus, the contractor can only claim the construction cost calculated by the above method, and the contractor cannot claim the payment of the actual cost incurred in performing the non-construction portion until the discontinuance of the construction work, and otherwise cannot claim the payment of the construction cost itself until the discontinuance of the construction work, and the burden of proof on the ratio to the amount of the construction cost at the

(See Supreme Court Decision 200Da40995 Decided February 26, 2003, etc.). The Plaintiff entered into a contract with the Defendant on June 10, 2014 for the construction cost of KRW 19,470,00 (including value-added tax) and the construction period of construction from June 11, 2014 to the 30th of the same month. The Plaintiff’s suspension of the said construction work around June 21, 2014 does not conflict between the parties or between the parties.