A. On April 22, 2014, the Plaintiff entered into the instant contract, the Plaintiff contracted the Defendant with the Corporation for the New Construction of Electric Source C (hereinafter “instant construction”) on the following terms (hereinafter “instant contract”).

The name of a construction project: ① The content of the construction project for the new house: ① the construction project for the new house: (1) the construction project for the fixed period of not less than 98.73§³; (2) the fixed period of construction: from April 23, 2014 to July 10, 2014: 120,000: the contract amount for the construction project: the construction project cost of not less than 40,000,000 won at the time of the contract - the second - the third - the third 20,000,000 the wall completion of the roof - the 20,000,000 won at the time of the completion of the roof - the fourth - the 40,000,000 won

B. (1) On June 2014, the Plaintiff and the Defendant entered into a dispute regarding the instant construction project. (2) On June 23, 2014, the Defendant sent to the Plaintiff a certificate of content-certified mail, stating that “The Plaintiff interfered with the instant construction project and makes unreasonable demand, thereby paying KRW 16,847,885 for the unpaid construction cost.”

Accordingly, on June 26, 2014, the Plaintiff sent a content-certified mail to the effect that “the Defendant sent his/her intent to waive the construction work to the Defendant, and attempted to enter the construction site and bring the construction site into the new wall, and thus, would not proceed with the instant construction work, and thus terminate the instant contract.”

Accordingly, the instant contract was agreed on June 26, 2014.

C. On the other hand, the Plaintiff paid KRW 40,00,000 to the Defendant on April 23, 2014 in accordance with the instant contract, and KRW 10,000,000 on May 21, 2014, and KRW 10,000,000 on June 9, 2014, and KRW 20,000,000 on June 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, the purport of whole pleadings

2. Progress of the instant lawsuit and summary of the parties’ assertion

A. In full view of the records of Gap evidence No. 5 and the appraisal results of appraiser D in the process of the instant lawsuit, the following facts are revealed in the entirety of the arguments in this court.