1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the part concerning “claim for Damages due to the discontinuance of construction work by the plaintiff” in the judgment of the court of first instance (Articles 16 through 5) is deemed as the ground of the judgment of the court of first instance, except for the dismissal of the part concerning “claim for Damages due to the discontinuance of construction work by the plaintiff”

2. Determination on the claim for damages due to the Plaintiff’s discontinuance of construction

A. On November 2017, the Defendant unilaterally suspended the instant Claim Nos. 1 and 2, and the Defendant completed each of the instant construction works, which was additionally introduced KRW 267,418,366 in relation to the instant Claim Nos. 1 (i.e., labor cost, etc., KRW 152,210,306, KRW 115,208,060), and KRW 351,786,710 in relation to the instant Claim No. 2 construction (i.e., labor cost of KRW 158,573,90, KRW 193,212,810).

Accordingly, the Defendant added the Plaintiff’s construction cost of KRW 94,327,200 for the non-construction cost of KRW 46,980,364 for the non-construction cost of KRW 267,418,366 for the non-construction cost of KRW 220,771,530 for the non-construction cost of KRW 87,764,410 for the non-construction cost of the Plaintiff’s non-construction cost of KRW 49,50,00 for G construction cost of KRW 49,60,00 for the non-construction cost of KRW 351,786,710 for the non-construction cost of KRW 381,122,30 for the non-construction cost of the contract).

As can be seen, the Defendant spent 182,091,610 won (i.e., KRW 94,327,200) more than the agreed construction cost to complete the instant construction work, and this constitutes damages suffered by the Defendant due to the Plaintiff’s nonperformance, and thus, the Plaintiff is liable to compensate the Defendant for the said damages amounting to KRW 182,091,610.

B. In the event that the original contractor of the relevant legal doctrine discontinuances the construction work, and the contractor has to perform the construction work by another means with the cost of the unexecution portion, and the cost increases more than the construction cost agreed upon with the original contractor, the contractor shall bear the costs within the reasonable scope of the cost of construction.