A. On April 15, 2014, the Plaintiff entered into a contract for the construction of hanok with the Defendant and Jongno-gu Seoul Metropolitan Government underground floors for the following (hereinafter “instant construction”).

Construction period: Amount of contract from April 21, 2014 to June 20, 2014: 10% advance payment of 88,000,000 won: 30% advance payment at the time when a subcontractor enters into a contract for the supply of materials: The intermediate payment of 30% payment at the time when the subcontractor enters into a contract for the supply of materials: The remainder payment of 30% payment at the rate of 60%: the rate of penalty for delay payment of 30% within seven days after the completion of the construction: 0.1% (8,000 won per day);

B. Under the above contract, the Plaintiff paid KRW 62,400,000 to the Defendant for the purpose of the construction cost of this case, which is equivalent to KRW 70.9% of the total construction cost.

C. On September 2014, the Defendant suspended construction works for the Middleman.

Around January 2015, the Plaintiff waiting for the resumption of construction works by the Defendant. The instant construction contract was implicitly agreed on January 31, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the construction cost claim portion exceeds KRW 27,200,000 in excess of KRW 35,200,000 in the construction cost amounting to 62,400,000, which the Defendant received from the Plaintiff, since the construction cost claim ratio was less than 40% at the time when the Defendant ceased construction work.

However, as the remaining construction work has already been conducted by another company, it is difficult to understand at the time of discontinuance of the construction work.

However, in light of the fact that 70% of the total construction cost (the sum of 10% of the contract amount, 30% of the advance payment, and 30% of the intermediate payment) is to be paid at the arrival of 60% under the instant construction contract, and that the Plaintiff pays to the Defendant the amount equivalent to 70.9% of the total construction cost, the fair rate at the time of the payment of the intermediate payment shall be deemed to have exceeded at least 60%.

The plaintiff.