A. On May 15, 2012, the Plaintiff entered into a contract with the Defendant for construction works with the content that the Plaintiff would contract the Defendant for the construction works with the neighboring life/old house construction works (hereinafter “instant construction works”) located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant contract”).

According to the contract of this case, the total construction amount shall be KRW 400,000,000; KRW 100,000,000 on the date of the contract; KRW 100,000,000 on the day when the contract was concluded; KRW 80,000,000 on the day when the external marina surveillance was completed; KRW 80,000,000 on the external marina surveillance; KRW 40,000 on the internal marina surveillance; and KRW 40,000,000 on the loans after completion; and the Defendant shall pay the Plaintiff the amount equivalent to KRW 3/100 on a daily basis as compensation for delay if the construction period is not fulfilled; and the written contract of this case does not contain the date of completion.

B. On October 4, 2012, the Defendant prepared and delivered to the Plaintiff a written completion statement that the Defendant promised to implement the instant construction work by October 31, 2012.

C. However, the Defendant did not complete the instant construction by October 31, 2012 and suspended the instant construction. Accordingly, on January 23, 2013, the Plaintiff sent to the Defendant a certification of the content that the instant contract is terminated, and the content certification reached the Defendant on January 28, 2013.

Since then, the Plaintiff brought a total of KRW 65,578,800 to complete the construction work of the non-execution part of the instant construction work, and obtained approval for use on June 4, 2013.

[Ground of recognition] The fact that there is no dispute, entry in Gap's evidence Nos. 1, 2, 5, 6, 7, 8, 9, and 10 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion 1 paid all the construction cost under the instant contract to the Defendant, the Defendant discontinued the instant construction work without completing the instant construction work by the agreed completion date. Accordingly, the Plaintiff’s expenses equivalent to KRW 70,541,230.