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1. Of the judgment of the first instance court, the part against the Plaintiff (Counterclaim Defendant) that orders the payment of the principal lawsuit below shall be revoked.
Reasons
1. Determination on the main claim
A. 1) The Plaintiff’s assertion against the Defendant is seeking payment of KRW 138,693,473 in total of KRW 69,58,851, and additional construction cost, 66,658,622, and 2,450,00 in construction site, since the construction contract was canceled, the Plaintiff received KRW 495,00 from the Defendant for a new multi-family house construction project.
2) On August 28, 2016, the Plaintiff entered into a contract for the supply of and demand for construction from the Defendant (hereinafter “instant contract”) as follows, and only the design drawings and the details of calculation were not attached.
Public mission: From August 31, 2016 to January 14, 2017, the amount of the construction contract: 495,000,000 won (including value-added taxes): From August 31, 2016 to January 14, 2017: 49,500,000 won (including value-added taxes): One gold (30%) out of 49,50,000 won (payment within 5 days after the commencement of the construction work): 148,50,000 won (30%) even during 148,50,000 won (within 30%): 148,50,000 won (within 30: 148,50,000 won when the completion of the construction work is completed) to the Plaintiff; 200,000 won (within 2 months after the completion of the construction work: 10,500,000 won (within 2 months after the completion of the construction work) to the Plaintiff 19:6.15 days from the completion of the construction work;
C) The Plaintiff demanded the payment of additional construction cost on the ground of partial change, etc. in structure and materials, and the construction was delayed. The Defendant sent to the Plaintiff text messages (a declaration of intent to rescind the contract) demanding the waiver of construction work on May 5, 2017, when the construction work was carried out and demanded completion by content-certified mail.
D) After that, the Defendant directly carried out the remaining construction, and obtained approval for the use of new buildings on August 18, 2017.
(e) in the first instance trial, as well as as with respect to additional construction costs.