1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following amounts shall be exceeded:

1. As to the instant case cited in the judgment of the court of first instance, “3. Determination as to the Plaintiff’s claim on the merits of the lawsuit” is used again as follows, and “1. Basic Facts;

2. Cancellation of the instant construction contract;

4. The part of the judgment on the defendant's counterclaim is identical to the corresponding part of the judgment of the court of first instance (Articles 10 through 6, 4, 8, 14, and 11, 7, 10, 200, 200, 200, 200, 2000, 200, 200

Part in writing.

3. Judgment on the plaintiff's main claim

A. According to the above facts of recognition 1), the construction contract in this case was rescinded due to the defendant's rejection of performance. Thus, the defendant has a duty to return the construction price received from the plaintiff as a result of cancellation to the plaintiff, unless there are special circumstances. 2) The scope of restitution to the original state is examined.

A) 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, barring special circumstances, such construction costs shall be calculated by applying the ratio of the construction cost calculated based on the completed portion and the construction cost to the agreed construction cost, not the cost actually required for the completion of the agreed construction cost, but the cost calculated based on the cost actually required or to be required for the completed portion and the unconstruction portion (see Supreme Court Decision 90Meu26232, Apr. 23, 191). The Defendant’s assertion (1) the Plaintiff and the Defendant divided the construction cost for the payment of the construction cost at the time of the conclusion of the instant construction contract, and divided the process for the payment of the construction cost into ① 10% at the time of the contract, and ② 20% at the time of the contract, within one week after the down payment, and ③ 20% at the time of loading of the Spain and then within 15% at the time of shipment (within 25 days after arrival).