1. The plaintiff's appeal against the defendants is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

1. The reasoning of the court's explanation concerning this case is as stated in the part of the first instance judgment, except for the addition of the judgment by this court as set forth in the following paragraph (2). Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined

A. The Plaintiff asserts that D Co., Ltd. (hereinafter “D”) as the Plaintiff’s debtor did not complete the construction work under the construction contract between the Defendants and the Defendants (hereinafter “instant construction work”). However, since the construction work cost based on the nature and maturity exceeds KRW 100 million, the Defendants, the obligor of the collection money, are liable to pay the Plaintiff the collection money according to the collection order.

B. In a case where a contractor is obliged to settle construction costs due to the rescission of a construction contract without completion of the construction work, the construction cost shall be calculated by applying the agreed construction cost to the agreed construction cost by applying the ratio of the completed part and the construction cost calculated based on the construction cost actually required or to be required for the non-construction part. The completed part and the ratio of the construction cost shall be the ratio of the construction cost already completed part of the total construction cost to the total construction cost (see, e.g., Supreme Court Decision 2000Da4095, Feb. 26, 2003), and each required construction cost for calculating the ratio of the completed part shall be determined by evidence, and it shall be determined in accordance with the principle of burden of proof unless there is any evidence supporting this.

(See Supreme Court Decision 90Meu26232 delivered on April 23, 191, etc.). In light of the aforementioned legal principles, the amount of the claim against the Defendants in D shall be calculated by multiplying the original construction cost (400 million won) between D and the Defendants by the ratio of the construction cost, and the construction cost required for the completion of the non-construction part.