1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.

The plaintiff (Counterclaim defendant)'s principal claim is filed in this court.

1. The first instance court’s judgment on the scope of this court’s selective claims is dismissed based on only one of the selective claims of the plaintiff, and the decision on the remaining claims is unlawful. If the plaintiff appealeds against the judgment of the first instance court that was unlawful as such, so the whole of the plaintiff’s selective claims was transferred to the appellate court. Thus, the part of the selective claims, which was not determined among the selective claims, is not deemed to have been pending in the first

(See Supreme Court Decision 96Da99 delivered on July 24, 1998, etc.). In the first instance court, the Plaintiff asserted in the first instance court that the claim for damages due to the cancellation of a contract based on nonperformance (see, e.g., Supreme Court Decision 96Da99, Jul. 24, 199) is based on Article 6(1)2 of the Construction Contract between the Plaintiff and the Defendant (see, e.g., preparatory documents of October 13, 2017). Since the pertinent provision is about the case of rescission or termination of a contract due to the Defendant’s breach of contract, the Plaintiff’s assertion appears to be a claim for cancellation of contract based on the Defendant’s breach of contract. The first instance court made a claim for damages based on the warranty liability and dismissed

As the plaintiff appealed on this issue, the claim for damages due to the cancellation of the contract based on the above default is also transferred to the appellate court, and is included in the scope of the trial of this court.

2. Facts of recognition;

A. On April 18, 2016, the Plaintiff entered into a construction contract with the Defendant on April 18, 2016 (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

In relation to the contract of this case, the Defendant’s purpose is to supply and install polycarates at the construction site of this case (hereinafter “instant contract”).

(b).