1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

1. On February 2015, the Plaintiff (subcontractor) and the Defendant (subcontract) concluded a construction contract with the construction cost of KRW 950,00,000 (hereinafter “instant construction contract”).

② The Defendant paid the Plaintiff KRW 475,00,000 in total up to May 21, 2015, as part of the down payment and intermediate payment of the instant construction contract.

③ On June 7, 2015, the Plaintiff drafted a written consent from the owner F on June 7, 2015 to the effect that “The Plaintiff shall agree to pay the project owner in direct payment within the balance remaining after the date of consent for the payment of all construction costs related to civil engineering and construction works.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the construction cost of KRW 714,840,000 was invested in the instant construction project by July 30, 2015.

Therefore, the Defendant should pay to the Plaintiff KRW 239,840,000 after deducting KRW 475,00,000 which was already paid from KRW 714,840,00.

B. In the event that a contract for construction works is rescinded even if the contract is rescinded, the remuneration to be paid by the contractor shall not be based on the amount and the cost actually paid by the contractor to the total construction cost agreed between the parties, except in extenuating circumstances.

At the time of occurrence of the obligation to pay the construction cost, i.e., the ratio of the expenses incurred in the completed portion of the total construction cost to the construction cost that the contractor will complete as of the time of discontinuance of the construction work, to the construction cost already completed, shall be calculated and determined.

(Supreme Court Decision 2014Da11574, 11581 Decided January 12, 2017).