A. The Defendant related to the parties is a stock company with the purpose of indoor building construction business, etc., and the Plaintiff is the owner of 29.52 square meters (general restaurant), 299.52 square meters (private teaching institutes), and 299.52 square meters (multi-family house) with the 3rd class neighborhood living facilities with the 2nd class of the 3rd class neighborhood living facilities in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. (hereinafter “instant building”).

B. (1) On March 28, 2017, the Plaintiff entered into a construction contract and paid the construction cost, and the extension and substantial repair of the instant building (hereinafter “instant construction”) with the Defendant.

The contract was entered into with the total cost of KRW 520,00,000 (excluding value-added tax). On August 17, 2017, the total cost of the said contract shall be increased to KRW 565,00,000 (excluding value-added tax); the construction period shall be from August 21, 2017 to October 14, 2017; and if the Defendant delays construction work without justifiable grounds, the construction contract shall be paid to the Plaintiff a penalty for delay equivalent to the rate of KRW 2/1,000 per day for the construction cost (hereinafter referred to as the “construction contract”).

(2) On the other hand, the Plaintiff paid KRW 420,200,000 as the price for the construction work from March 28, 2017 to November 30, 2017 as the direct payment of the price to the Defendant’s or the Defendant’s subordinate businesses during the construction process of the instant case.

C. The Defendant’s discontinuance of construction and the Plaintiff’s rescission of contract, etc. (1) The construction contract in this case was interrupted on October 30, 2017, when the construction period had elapsed during the construction of the instant building in accordance with the instant construction contract. (2) The Plaintiff notified the cancellation of the instant construction contract on January 8, 2018 on the ground of the Defendant’s nonperformance of obligation as above. The said notification was served on the Defendant on January 11, 2018, and the instant construction contract was rescinded.

3. After that, from March 9, 2018 to March 30, 2018, the Plaintiff settled the construction cost and takes equipment against the Defendant.