1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. As to this case, the reasoning for the court’s acceptance of the judgment of the court of first instance is the same as the ground for the part concerning the claim for damages among the counter-claim of the judgment of the court of first instance, except for the dismissal as follows. Accordingly, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2) In the event that the original contractor’s compensation for damages due to the Plaintiff’s nonperformance of the obligation ceases to perform the construction work by another means in return for the expenses incurred in the unexecution portion, and the said expenses increase more than the construction cost agreed upon with the original contractor, the costs within a reasonable scope out of the increased construction cost constitutes damages incurred due to the contractor’s breach of the contract for the construction work (see, e.g., Supreme Court Decision 2000Da31885, Nov. 26, 2002). In the instant agreement, the amount of execution for the original construction work at issue was set at KRW 5,220,200,200,00 (in addition to addition tax; hereinafter the same), and the fact that the Plaintiff unilaterally ceased the construction of the instant work at issue with the Defendant’s permission is as set out above (the Plaintiff asserts

. Meanwhile, Eul evidence of heading 7 to 14 (including branch numbers, if any; hereinafter the same shall apply)

According to the purport of each statement and the entire argument, the Defendant spent for the instant construction project (the Defendant spent most of the construction cost, such as main materials and labor cost, to cooperate or supervise the Plaintiff’s execution of the construction project even before the Plaintiff’s discontinuance of the construction project, including all the expenses that the Defendant spent for the instant construction project, regardless of whether before or after the discontinuance of the construction project.

hereinafter referred to as "total construction cost"

The facts constituting 5,737,95,413 can be recognized.

However, for the following reasons, the evidence presented by the Defendant alone is stipulated in the instant agreement among the total construction cost.