A. On September 22, 2015, the Defendant concluded an agreement with the Plaintiff on September 22, 2015, stating that the construction work for the new construction of the instant housing located in Jeju at Jeju (hereinafter “instant construction work”) shall be performed by setting the construction cost of KRW 400,000,000, and the construction period from October 1, 2015 to February 7, 2016. However, if the instant construction work is not completed within the construction period, the Defendant shall pay compensation for delay by multiplying the amount equivalent to 1/100 of the construction cost by the number of days in delay (hereinafter “instant agreement”).

B. On March 3, 2016, the Defendant again entered into an agreement with the Plaintiff on March 3, 2016, with the completion of the instant construction work within the said construction period, and with the completion of the instant construction work from April 20, 2016 to May 10, 2016 after the lapse of 20 days from April 20, 2016. However, if the instant construction is not completed until then, the Defendant would pay compensation for delay by multiplying the amount equivalent to 3/100 of the construction cost by the number of delayed days (hereinafter “instant additional agreement”).

C. Before April 20, 2016, the Plaintiff sent a content-certified mail to the effect that the Defendant would not continue to perform the finishing work during the instant construction before the completion of the instant construction, and that “the contract shall be rescinded due to the Defendant’s failure to perform his/her duties” on July 8, 2016.

【Ground of recognition】 The facts without dispute, Gap’s evidence 1, Gap’s evidence 2, and Eul’s evidence 3-2, and the purport of whole pleadings

2. Determination

A. According to the above facts, from February 8, 2016, the day following the deadline for the completion of the instant additional agreement, the Defendant, from February 8, 2016 to May 10, 2016, 37,200,000 won for delay for the period of 93 days from May 10, 2016, which is the date of completion stipulated in the instant additional agreement (i.e., KRW 400,000 to KRW 1/100 to 93 days), and from May 11, 2016, the following day after the deadline for completion stipulated in the instant additional agreement, as stipulated in the instant additional agreement, the Plaintiff was able to rescind the instant contract for the reason that the Plaintiff was able to discharge its obligations.