1. On November 2, 2016, the Plaintiff’s obligation to pay the construction cost under the contract for the installation of machinery and piping works against the Defendant.

. Suspension was interrupted, and thereafter the Plaintiff completed the instant construction work directly. D.

On August 14, 2017, the Defendant sent to the Plaintiff a certificate of content that requests the payment of KRW 172,79,364 for the final construction cost due to the climatic highness.

[Ground of recognition] Facts without dispute, Gap's evidence, Gap's evidence, Gap's evidence, Gap's evidence, Gap's evidence, Gap's evidence, Eul's evidence, Eul's evidence, Eul's evidence, Eul's fact inquiry about D, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) As of December 29, 2016, the Plaintiff’s discontinuance of the instant construction project on or before December 29, 2016, the amount of the cost of the construction project exceeds 76.57% (including additional taxes) 69,084,100 won (including 913,00,000 x 76.57%) x 76.57%. Since the Plaintiff already paid the Defendant the construction cost of KRW 808,094,277 to the Defendant, there is no obligation for the Plaintiff to pay the construction cost to the Defendant in relation to the instant construction contract. 2) In addition to the instant construction project by December 29, 2016, the Defendant additionally added PE pipeline work (48,00*18D/I), SUPOTRT additional work, PK-1260 snow work (hereinafter “the instant additional work”).

The Defendant’s construction cost is KRW 969,594,230 (the instant additional construction cost of KRW 59,974,90,90). The amount of materials paid by the Defendant on behalf of the Plaintiff is KRW 60,000,000, and only KRW 808,094,277 was paid by the Plaintiff. As such, the Plaintiff is obligated to pay the remainder of the construction cost to the Defendant.

B. Where the contract for construction work is rescinded, if the construction has been considerably advanced at the time of the rescission, and the restoration to the original state would seriously cause social and economic loss and the completed part would benefit the contractor, the contract is invalidated only for the completed part and the contractor shall deliver the work to the contractor as it is, and the contractor shall, barring special circumstances, submit the completed part of the delivered construction work to the contractor.