A. On May 20, 2014, the Plaintiff was awarded a contract for the construction of a commercial building on the ground of the Defendant (hereinafter “instant construction”) and agreed to pay KRW 30 million for the construction cost on May 20, 2014, and KRW 10 million for the intermediate payment of KRW 10 million on May 20, 2014; KRW 10 million on May 25, 2014; KRW 5 million on June 20, 2014; and KRW 2 million on June 30, 2014; and each period of construction of KRW 2 million on the date of completion or occupancy shall be paid for 80 days from the date of receipt of the first down payment.

(hereinafter “instant contract”). Accordingly, the Plaintiff paid the Defendant the construction cost of KRW 3 million on May 20, 2014, KRW 10 million on May 25, 2014, KRW 10 million on June 20, 2014, KRW 10 million on June 20, 2014, and KRW 28 million on July 1, 2014.

B. After that, the Plaintiff and the Defendant agreed to additionally construct a retaining wall on the boundary of the building site, and accordingly, the Defendant completed the said retaining wall construction.

The cost required for the above retaining wall construction is KRW 1,217,700.

C. However, the Defendant suspended the construction without completing the instant construction work until August 8, 2014, which was 80 days after the date of receipt of down payment.

Accordingly, on October 23, 2014, the Plaintiff terminated the instant contract on the grounds of delay in the performance of the Defendant as the delivery of the complaint.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the result of the on-site inspection by this court, the result of appraiser D's appraisal, the purport of the whole pleadings

2. Determination

A. Whether the instant contract was terminated or not, the Defendant failed to complete the instant construction by the deadline for completion of the instant construction, and the Plaintiff’s termination of the instant contract on October 23, 2014 on the grounds of the Defendant’s delay of performance is as seen earlier.

Therefore, the instant contract was lawfully terminated on October 23, 2014.

On the other hand, the defendant agreed to additionally destroy the ground, concrete building works, toilet works, etc. in addition to the above retaining wall works, and completed the above works.