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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. The reasoning of the judgment of this court which cited the judgment of the court of first instance is that of the judgment of the court of first instance.
(b) d.
1. The main text of Article 420 of the Civil Procedure Act is as follows. The main text of Article 420 of the Civil Procedure Act is to refer to the main text of Article 42 of the Civil Procedure Act.
The effect of cancellation (the cost of construction and compensation for delay) (1) related legal principles are considerably advanced at the time of cancellation of a contract for construction works, and restitution of the completed part is significant social and economic losses. If the completed part is a benefit to the contractor, the contract for construction works shall be invalidated only for the completed part and the contractor shall deliver the building to the contractor as it is, and the contractor shall have the right and duty relationship with the contractor to pay the remuneration for the completed part delivered to the contractor, unless there are special circumstances.
In addition, in such a case, the construction cost to be paid by the contractor to the contractor shall be based on the agreed total construction cost, unless there are special circumstances, and it shall not be based on the actual cost actually paid by the contractor, which is the amount at the time the contractor ceases the construction work.
(B) In cases where a contractor cancels a contract after the expiration of the period of completion without completing the construction within the period of completion (see, e.g., Supreme Court Decision 91Da42630, Mar. 31, 1992) the period of occurrence of the penalty for delay is the day following the due date of completion, and the due date of completion is when the contractor could cancel the contract due to the suspension of construction or other reasons for cancellation (see, e.g.
Based on the foregoing, the time when the contractor could have completed the same building by requesting another contractor (see, e.g., Supreme Court Decision 9Da14846, Oct. 12, 199). C) The contract for construction of a new building is completed as the completion of the building.