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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
(a) Measures to cause failure to comply;
A. Where the Plaintiff fails to complete the construction within five months after the completion of the construction work, the Plaintiff shall waive the full amount of the construction cost invested during the period and transfer the construction site to the Defendant without any condition, and in any case, may not claim against the Defendant for the construction cost in any further case.
Provided, That this shall not apply where construction has been suspended due to a natural disaster or other force majeure.
(1) The Plaintiff was not notified on September 19, 201 that the instant construction contract was terminated by the Plaintiff on the ground that the instant construction contract was terminated by September 19, 2014, on the following grounds: (a) the Defendant did not inform the Plaintiff of the content of the instant construction contract that the instant construction contract was terminated within 9 months after the completion of construction work, on September 19, 2014, of the design cost (including supervision) 1,000 D 4,900 D: 1,900 C 1,900 C 1,000 C 3,000 (D) financing interest and interest of 1,000 C 1,000 C 15,909,7009,7000 12,000 * attached: 3) the Defendant’s cancellation of the instant construction contract after the completion of construction work by September 19, 2014.
The defendant paid the construction cost directly to the subcontractor, and the remainder of the construction cost, except for the plaintiff's flag, is 1,358,173,296 won [the amount calculated by deducting 14,576,704 won including the difference of the construction cost (16,695,344 won x contract rate 87.31%), which is the result of appraisal that the construction cost increased from 1,372,750,00 won to 14,576,704 won including the difference of the construction cost (16,695,344 won x contract rate).
[Reasons for Recognition] There is no dispute, A.