A. On March 10, 2016, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, who operates B on March 10, 2016, with the content that the Plaintiff shall pay the Defendant the manufacturing and installation works of structures C during the construction period (hereinafter “instant construction works”) to the Defendant during the construction period from March 10, 2016 to April 30, 2017, and the payment of construction cost of KRW 170,500,000 (including value-added tax; hereinafter the same shall apply) to KRW 170,50,000,000 in advance, as of March 25, 2016, KRW 34,10,000 for the first or third progress payment, respectively, on May 20, 2016, June 20, 2016, and July 20, 2016 (hereinafter “instant construction contract”).

B. On March 25, 2016, the Plaintiff paid to the Defendant KRW 17,050,000,000 for advance payment, KRW 34,100,000 for the first completed payment on April 8, 2016 and the 20th day of the same month, and KRW 62,150,000,000 for the second completed payment on May 30, 2016 (hereinafter “instant advance payment, etc.”).

C. Meanwhile, on June 4, 2016, the Defendant suspended the instant construction on the ground that the Plaintiff did not pay progress payment properly.

Accordingly, on June 7, 2016, the Plaintiff notified the Defendant that the instant contract was reversed by the Defendant unfairly suspending the instant construction work, and the notification of the reversal of the said contract reached the Defendant following that notification.

E. On June 9, 2016, the Defendant notified the Plaintiff that the construction will continue because the Plaintiff demanded the supply of construction materials and the progress of construction without paying the progress payment.

F. On July 1, 2016, a copy of the instant complaint stating the Plaintiff’s declaration of intent to return the instant advance payment, etc. was served on the Defendant on the premise that the instant contract was rescinded.

G. At the time the Defendant ceased construction, the progress rate of the construction of this case is 12%.

[Ground of recognition] Unsatisfy, Gap evidence 3, 5, 6 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the plaintiff is at the time or before the date stipulated in the contract of this case.