1. An appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit, a counterclaim filed by this court, and a counterclaim filed by the Plaintiff (Counterclaim Defendant).

1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420

2. The parties' assertion

A. According to the appraiser Gap's Supplement and Appraisal Panel of the court of the first instance, since the ratio of the construction work of this case is 95%, the defendant is liable to pay the plaintiff the construction price of 440,050,000 won [the construction price of the completed portion = 721,050,000 won [the construction price of the completed portion + 759,000,000 won x 95% high interest rate]] - the payment of the fixed construction price of 281,00,000 won [the claimed amount] - the payment of damages for delay (the amount claimed as the claim), the unpaid construction price of 189,580,000 won [the construction price of the completed portion = 470,580,00 won [the construction price of the completed portion = 759,00,000 won [including value-added tax] - the payment of the construction price of 620,000 won] and damages for delay.

[However, 113,850,000 won (i.e., 189,580,000 won - 75,730,000 won) which deducts the amount cited in the judgment of the first instance and damages for delay, shall be filed as incidental appeal).

Since the Defendant’s subcontract of this case was cancelled due to the cause attributable to the Plaintiff, the Plaintiff is obligated to compensate the Defendant for the damages incurred thereby. Since the building area was reduced by 8.77% from the 9th above the 5th above ground below the ground below the ground below the design modification, the construction cost also decreased by the above size ratio of 692,435,700 won from the 759,000,000 won (=759,000 won x 91.23%) and the progress amount calculated by applying the above ratio of 47% to 325,44,79 won (= 692,435,700 x 470 x 47%), the unpaid construction cost should be deducted by 281,444,779 won from the 9th below the ground below the design modification, and the remaining construction cost should be resolved by 325,479,296,479.29