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

1. Basic facts

A. On July 1, 2012, the Plaintiff concluded a contract with the Defendant for the construction period of the new commercial housing construction project located in Jinjin-si (hereinafter “instant construction project”) at KRW 241,00,000 of the construction cost, from July 1, 2012 to November 30, 2012;

(hereinafter “instant construction contract”). B.

Since then, due to the structural change, etc. of the above construction, the construction cost was KRW 49,00,000,000 for the total construction cost (=241,00,000,000 for 49,000,000).

(2) Of the instant construction works, the instant additional construction works are referred to separately as “instant additional construction works,” and the construction works under the existing construction contracts are referred to as “instant principal construction works.”

Around February 2013, the Defendant suspended construction without completing the instant construction work. On July 19, 2013, the Plaintiff sent a notice of termination of the construction contract to the Defendant on the grounds of the Defendant’s failure to implement the construction contract due to the delay in the completion date and the suspension of construction, and the said notice reached the Defendant around that time.

Meanwhile, from May 17, 2012 to November 29, 2012, the Plaintiff paid the Defendant totaling KRW 247,100,000 as the construction price of the instant construction project.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including each branch number, if any), Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event that the contractor’s construction cost should be settled on the basis of the work cost due to the rescission of the construction contract without completion of the construction work, the construction cost should be calculated by applying the ratio of the flag part and the work cost calculated on the basis of the construction cost actually required or to be required for the non-construction part to the agreed construction cost, and the nature and ratio of the construction cost shall be the total construction cost required for the completion of the non-construction part, which is different from the construction cost already completed.