Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. The Plaintiff is a person who engages in the construction business of the Rotterdam with the trade name of “C”.

B. On April 24, 2018, the Plaintiff was awarded a contract for KRW 35,000,000 for the cost of construction among the new construction works of Jung-gu Incheon Metropolitan Government D (hereinafter “instant construction works”).

(hereinafter “instant contract”). (c)

Around June 2018, the Plaintiff began construction work, and the Defendant paid the Plaintiff KRW 8,000,000 as construction price, and KRW 10,000,00 as of August 31, 2018, respectively.

A dispute arises between the Plaintiff and the Defendant regarding the payment of the construction cost, and the Plaintiff suspended the instant construction work on or around September 2018, and accepted it at the construction site of this case.

E. After the Plaintiff left the instant construction site, the Defendant concluded a contract again with the business entity “E” for the Plaintiff’s non-execution portion during the instant construction project, and paid KRW 10,000,000 as the construction cost on November 21, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, 4, and 5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the case of a contract for construction works, where the contract is terminated under the condition that the construction is not completed, the construction is considerably advanced, and the restoration to its original state seriously incurs economic loss and the completed part is beneficial to the contractor, the contract is invalidated only for the completed part, the contractor is obligated to deliver the building to the contractor and the contractor is obligated to pay the remuneration for the building delivered to the contractor. In such a case, the remuneration for the building which the contractor is obligated to pay is based on the total construction cost agreed between the parties, barring any special circumstance, the amount is based on the ratio of the construction cost to the construction cost at the time the contractor’s discontinuance at the time of the discontinuance of the construction.