A. On August 18, 2016, the Plaintiff entered into a contract for construction works with Defendant B Co., Ltd. (hereinafter “B”) on the following terms: (a) the construction works on the ground-based D Han-gun, Chungcheongnam-gun; and (b) the Plaintiff entered into a contract with Defendant B.

Construction amount: 150 million won intermediate payment: The period of construction payment in accordance with the flag and height ratio: From August 18, 2016 to December 30, 2016.

B. From August 22, 2016 to November 30, 2016, the Plaintiff paid a total of 65 million won to the Defendant as construction cost.

C. The Defendant suspended the construction work while performing the floor-based construction work equivalent to 6% of the construction cost (amounting to KRW 10 million) during the said construction work.

The Plaintiff notified the cancellation of the instant construction contract by serving a duplicate of the complaint on the grounds of the Defendant’s nonperformance of the construction contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 55,500,000 exceeding the percentage of the construction work of this case due to restitution, and the damages for delay calculated at each rate of 6% per annum as stipulated in the Commercial Act from December 1, 2016 to March 21, 2017, the delivery date of a copy of the complaint of this case, which is the day following the date of the Plaintiff’s last payment of the construction work, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

B. The plaintiff's claim against the defendant C was not only involved in the conclusion of the contract for construction, but also the plaintiff is the actual representative director of the defendant C, such as transferring the construction cost upon the request of the defendant C, so the defendant C shall also return the construction cost jointly and severally with the defendant C. However, the above circumstance alone is insufficient to deem that the defendant C is jointly and severally liable to return the construction cost. Thus, the plaintiff's claim against the defendant C is accepted.