A. On January 30, 2018, the Plaintiff and the Defendant concluded a remodeling construction contract with the construction cost of KRW 37,000,000 with respect to the Nam-gu C, D ground housing and stores (hereinafter “instant construction contract”).

B. On February 14, 2018, the Plaintiff paid KRW 20,000,00 to the Defendant as the instant construction contract deposit. The Defendant, while performing the instant construction, requested the Plaintiff to pay the additional construction cost and suspended the progress of construction.

C. On April 11, 2018, when the Plaintiff urged the Defendant to proceed with the instant construction project, the Plaintiff sent a certificate to the effect that the instant construction contract will be terminated if the Defendant did not proceed any longer. The Defendant received it at that time, but did not demand the payment of the additional construction cost, and did not proceed with the construction project.

At the time of the discontinuance of the construction of this case by the defendant, the height rate of the construction of this case is 40.72%.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1 and 2 (including branch numbers); the result of the appraisal by the trial appraiser E; the purport of the whole pleadings

2. The plaintiff asserted that the construction contract in this case was terminated as the suspension of the defendant's construction work, and the defendant is obligated to pay the construction cost exceeding 4,934,000 won, 6,981,000 won for the repair of the completed part of the construction work executed by the defendant, 554,00 won for the delayed construction work, 5,000 won for the delayed construction work, and 23,469,00 won for the extended damages caused by defects, including 5,000 won for the delayed construction work, and 5,000 won for the delayed construction work, (4,934,000 won for 6,981,000 won for 6,54,000 won for 6,981,000 won for 5,000,0000 won for the delayed construction work, and damages for delay.

3. Determination

A. According to the facts prior to the determination of the return of the construction cost and the claim for repair of defects, the construction contract in this case was terminated due to the suspension of construction by the defendant, and the construction contract in this case was terminated in the middle, to the contractor.