A. On March 3, 2018, the Plaintiff concluded a contract with the Defendant for construction works for Pyeongtaek-si C-type accommodation facilities (hereinafter “instant construction works”) with the construction cost of KRW 1,342,00,000 (including value-added tax) and the construction period from March 19, 2018 to October 31, 2018 (hereinafter “instant contract”).

B. Meanwhile, on October 12, 2017, the Plaintiff entered into a contract (hereinafter “existing contract”) with the same content as the instant contract, excluding D and the construction period. On November 21, 2017, the Plaintiff paid D Company KRW 200,000,000 as advance payment under the existing contract.

C. At the time of the instant contract, the Plaintiff and the Defendant agreed to succeed to the said advance payment received by D in accordance with the existing contract, as advance payment under the instant contract, and agreed to apply the special agreement stipulated in the existing contract to the instant contract, and the said special agreement also included an agreement on the calculation of liquidated damages by applying the rate of 1/100 to the liquidated damages based on the remaining construction cost as at the time of the initial date of commencement (hereinafter “instant agreement for liquidated damages”).

The Plaintiff paid the Defendant KRW 50,00,000 on May 31, 2018, and KRW 50,000,000 on July 2, 2018 as advance payment, respectively. The total amount of advance payment under the instant contract was KRW 300,000,000 (= KRW 50,000,0000) and KRW 50,000,000 (hereinafter “instant advance payment”).

E. Around October 2, 2018, the instant construction project, which was initiated by the Defendant, was suspended on or around October 2, 2018, and at this time, the amount of the construction work as of the base is KRW 113,544,408, and the amount of the construction work is approximately KRW 8.46%.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4, appraiser E’s appraisal result, the purport of the whole pleadings

2. As to whether the instant contract was rescinded, the Plaintiff’s determination on whether to cancel the said contract shall be made on or around December 2018 in the instant complaint.