1. Basic facts

A. On November 3, 2016, the Plaintiff entered into a contract with the Defendant to subcontract reinforced concrete construction works to the Defendant at KRW 638,550,000 (including value-added tax) (hereinafter “instant construction contract”).

B. From the middle of November 2016, the Defendant suspended construction work on July 21, 2017 due to a dispute over the Plaintiff and additional construction cost, which had been implementing reinforced concrete construction work pursuant to the instant contract at the construction site. On August 18, 2017, the Plaintiff sent a letter of objection to the termination of the construction contract to the Defendant and reached around August 21, 2017.

C. The Plaintiff paid the Defendant a total of KRW 122,00,000,000 as advance payment, including KRW 70,000,000 on December 15, 2016 and KRW 52,00,00 on December 23, 2016, and thereafter, agreed that the Defendant would deduct 20% from the progress payment to be paid by the Plaintiff.

The Plaintiff paid 117,00,000 won, subtracting the advance payment of KRW 29,260,00 from the first progress payment of KRW 146,30,000 on January 12, 2017, deducting the advance payment of KRW 145,200,000 from the amount of KRW 181,50,000 on April 17, 2017; and paid KRW 145,200,00 after deducting the advance payment of KRW 36,30,000 from the amount of KRW 70,125,000 on May 12, 2017; and paid KRW 56,10,000,000 after deducting the advance payment of KRW 14,05,000 from the total amount of KRW 130,90,000 on June 4, 207; and paid KRW 605,005,000 on the advance payment.

【In the absence of any dispute, entry in the evidence No. 1 or No. 11, and the purport of the whole pleadings】

2. The parties' assertion

A. Since the contract of this case, which is the cause of the Plaintiff’s claim, was terminated, the Defendant ought to return to the Plaintiff advance payment of KRW 16,235,00,00, and the Plaintiff’s daily labor cost of KRW 59,952,80 paid directly to the construction business operator on behalf of the Defendant.