A. The Plaintiff is a person who is engaged in interior interior decoration business in his/her trade name.

B. On February 25, 2014, the Defendant contracted for the new construction of the apartment house located in Yongcheon-si Co., Ltd. with the Plaintiff and the Plaintiff entered into a subcontract with the Plaintiff on February 25, 2014, setting the construction cost as KRW 400,000 (including additional tax) with respect to the construction cost for the decoration of the building and the interior interior interior decoration among the construction works

C. The Plaintiff and the Defendant concluded a modified contract to only two houses with the construction cost of KRW 200 million (hereinafter “instant construction”). D.

The Plaintiff received KRW 56 million from the Defendant out of the construction price for the instant construction project.

E. At present, the instant construction is suspended due to the dispute between the Defendant and the Plaintiff, Inc., Ltd., the client.

[Ground of recognition] Unsatisfy, Gap's statements and videos (including, if any, a satisfy) in Gap's evidence 1 to 6, the purport before oral argument

2. Determination

A. As to the Plaintiff’s assertion that the instant subcontract was interrupted due to the dispute between the Defendant and the ordering person, Inc. and that the said subcontract was rescinded due to the termination of construction works, the said subcontract is deemed not to have been contested by the Defendant. Therefore, it is deemed that the said subcontract was terminated due to the cancellation.

B. On the other hand, in the event that a contract for construction works has been rescinded even, the remuneration to be paid by the contractor shall be the amount calculated by applying the rate of fixed and fixed to the total construction cost agreed between the parties, except in extenuating circumstances.

In this case, according to the appraiser D's appraisal result, since it is recognized that the term and ratio of the instant construction work are 78.37%, the construction cost to be paid by the defendant to the plaintiff is 15,6740,000 won (=200,000 won of the total construction cost x 78.37%).

However, among them, the fact that the Plaintiff received KRW 56 million from the Defendant is as seen above, and thus, the Defendant.