1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is a person who runs a construction business with the trade name “C” in the literature-si, and the Defendant is the owner of the Seo-gu Seoul Metropolitan Government D Housing (hereinafter “instant Housing”).

B. On October 2016, the Defendant awarded a contract to the Plaintiff for remodeling construction works regarding the instant housing (hereinafter “instant construction works”) at KRW 30 million for the construction cost.

C. The Defendant paid 800,000 won out of the construction cost of the instant case to the Plaintiff by November 21, 2016, and did not pay any further construction cost.

On December 3, 2016, the Plaintiff discontinued construction work around that time on the ground that the Defendant was not paying the construction cost properly. On December 3, 2016, the Plaintiff demanded the Defendant to pay the construction cost of KRW 13.2 million.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. As seen earlier, the Plaintiff did not pay the construction cost to the Defendant after November 21, 2016, and the Defendant demanded the payment of the construction cost by reflecting the original intent of the Plaintiff on December 3, 2016 after suspending construction work around that time. There is no evidence suggesting that the Defendant requested the Plaintiff to resume construction work after that time. In addition to the fact that the Plaintiff urged the Defendant to pay the construction cost or asked for the resumption of construction work, the Plaintiff sent the last text message on December 21, 2016, and expressed his intention to accept the instant construction contract with the tools of work before that time, at least on December 21, 2016, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant not to realize the instant construction contract. Accordingly, the instant construction contract was implicitly rescinded at that time.

I would like to say.

In the absence of special circumstances, a contractor’s contract for construction works shall be rescinded without completing the construction work and the construction cost shall be settled.