1. The Defendant’s KRW 29,780,770 for the Plaintiff and 6% per annum from August 9, 2017 to August 23, 2019.

1. Facts of recognition;

A. On February 2017, the Plaintiff received a subcontract from the Defendant (hereinafter referred to as “instant subcontract”) for the trademark panel construction project from the Defendant among the G company’s construction project in Bupyeong-gu, Incheon, D Co., Ltd., Ltd. (hereinafter “instant construction project”).

B. While the Plaintiff was performing the instant construction upon the instant subcontract, the Plaintiff notified the Plaintiff that the Defendant will accept the instant construction and terminate the construction at the site as of August 8, 2017, and the Plaintiff suspended the instant construction. From August 9, 2017, the Defendant invested another worker and completed the construction.

C. At the time the Plaintiff discontinued the instant construction, the height ratio of Plaintiff Corporation was 94.9%, and the additional construction cost incurred is KRW 4,620,000, additional construction cost for fireproof partition work between floors (excluding value-added tax), GW, and Mesponsing work additional construction cost (excluding value-added tax) 4,200,000.

The Defendant paid the Plaintiff KRW 88,800,000, totaling KRW 5,500,000 on April 28, 2017, and KRW 6,300,00 on June 9, 2017, and KRW 55,00,000 on July 6, 2017, and KRW 22,00,000 on July 26, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 11, 13, Eul evidence 2 and 9, the witness I's testimony, the result of the appraiser J's appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant subcontract was de facto rescinded on August 8, 2017. However, in the event that the contract for construction works was rescinded, the construction works were considerably advanced at the time of the cancellation, causing significant social and economic losses and the completed portion would benefit the contractor, the contract for construction works shall be invalidated only for the completed portion, and the contractor shall deliver the work to the contractor as it is, and the contractor shall take into account the completion degree and completion of the delivered work, barring any special circumstances.