A. The Plaintiff is a corporation established for the purpose of construction business, etc., and the Defendant is a corporation for the purpose of supplying food.

B. On May 7, 2016, the Defendant entered into a contract for construction works with the Plaintiff for the construction of a Class B factory on the land of the Daejeon-gu Daejeon-gu (hereinafter “instant factory”, “instant construction works”) with the amount of KRW 80 million (including value-added tax, and payment of KRW 210 million in advance within 14 days after the conclusion of the contract) and the construction period from May 10, 2016 to September 20, 2016, respectively.

(hereinafter “instant contract”). (c)

Plaintiff

On May 12, 2016, the representative director D remitted KRW 210 million to the account under the name of the defendant representative director E, and on the same day, it was paid KRW 210 million to the account under the name of the plaintiff in the name of the defendant for advance payment of the instant contract.

The Plaintiff commenced the instant construction work around May 10, 2016, and discontinued the said construction work on the ground that the Defendant did not pay the progress payment on August 2016.

Accordingly, the Defendant entered into a contract with FF Co., Ltd. on the part of the instant construction work.

E. On November 22, 2016, approval for use was granted for the instant factory.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 9, 14, Eul's 2 (including branch numbers; hereinafter the same shall apply), the witness G's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the event that the contract for construction work was rescinded at the time of the cancellation of the contract, the construction work was considerably advanced and its restoration would seriously cause social and economic losses, and the completed part would benefit the contractor, the contract shall be invalidated only for the completed part, the contractor shall deliver the work to the contractor as it is cancelled, and the contractor shall, barring special circumstances, take into account the degree of completion or completion of the delivered work, etc.