1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The Defendant’s KRW 32,914,300 and the Plaintiff.

1. Basic facts

A. On June 25, 2018, the Plaintiff entered into a construction contract with the Defendant for the construction of the C detached Housing Construction Corporation (hereinafter “instant construction”) with the content that the Defendant will perform (hereinafter “instant contract”) by setting the construction period from June 13, 2018 to September 30, 2018 as the contract price of KRW 145,00,000 (including container construction) (excluding value-added tax) (hereinafter “instant construction contract”).

B. Although the Defendant commenced the instant construction pursuant to the instant contract, the instant construction was suspended without completion on July 30, 2018, and the instant contract was rescinded or terminated by agreement between the Plaintiff and the Defendant around that time.

C. The Plaintiff paid the Defendant the design cost of KRW 10,000,000 for the instant construction work and the construction cost of KRW 100,000,00 for the instant construction work (including the container construction cost).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 13, 17, and 18, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Where a contract for construction works is rescinded, if the construction has been considerably advanced at the time of the rescission, which would seriously cause social and economic losses to restore the construction to its original state, and the completed part would benefit the contractor, the contract for construction works shall be invalidated only for the completed part, and the contractor shall deliver the work to the contractor, as it is, and the contractor shall be liable to pay the corresponding remuneration in consideration of the degree of completion and the completed part of the delivered construction works, unless there are special circumstances.

Where a contractor has to settle the construction cost due to the rescission of a construction contract with the failure to complete 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 flag part and the construction cost calculated based on the construction cost to be actually entered or to be entered into the non-construction part.

When the contractor is liable to pay the construction cost, i.e., the contractor.