A. On September 9, 2013, the Plaintiff was awarded a contract with the Defendant for construction works newly constructed on the land (hereinafter “instant construction works”) on the land (hereinafter “instant construction works”) in Gyeongnam-gun, Chungcheongnam-gun, with the amount of KRW 180,00,000 from the commencement date of construction hours and the construction amount of KRW 180,00

(hereinafter “instant contract”). (b)

After that, according to the agreement between the plaintiff and the defendant, the defendant started the construction of this case on April 14, 2014.

The Plaintiff paid KRW 10,00,000,000 as the down payment or the progress payment of the instant construction project on September 9, 2013, and KRW 55,000,000 on April 16, 2014, and KRW 110,00,000 on July 31, 2014.

C. However, the Defendant failed to complete the instant construction by July 14, 2014, which was three months after the commencement date, and discontinued the construction without completing the instant construction work even before August 15, 2014, which was extended by agreement with the Plaintiff.

On October 6, 2014, the Plaintiff terminated the instant contract based on the Defendant’s delay in performance as the delivery of the instant complaint.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 6 (including paper numbers), each video of Gap evidence Nos. 4 and 5 (including paper numbers), the result of the on-site verification by this court, the result of the appraiser C's appraisal by this court, the result of the inquiry about appraiser C by this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not complete the instant construction work with the lapse of the extended construction period without suspending the instant construction work. As such, the Plaintiff terminates the instant contract due to the Defendant’s delay of performance.

Therefore, the defendant should pay 22,160,000 won after deducting the construction cost of KRW 87,840,000 from the pre-paid construction cost of KRW 110,000,000, and damages for delay.

B. The Defendant alleged that the construction project was executed in excess of 10 square meters of the building area agreed upon at the time of the instant construction contract, and the construction cost was additionally incurred at the Plaintiff’s request, and the Defendant paid the construction cost in excess of the construction cost that the Plaintiff paid in advance.