On July 25, 2011, the Plaintiff awarded the following contracts to the Defendant for the construction of the Plaintiff’s building (hereinafter “instant construction”).

Under the instant construction contract, the Plaintiff paid the Defendant the total amount of KRW 415,250,000 as follows:

The Defendant failed to complete the instant construction work by November 30, 201, which was due date for completion.

On December 30, 2011, the Plaintiff notified the Defendant of the rescission of the instant construction contract by content-certified mail, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including the provisional number; hereinafter the same shall apply), and facts that the total construction cost under the construction contract of this case was KRW 835,00,000 in total due to the construction work price, the plaintiff paid KRW 415,250,000 to the defendant, and the defendant did not complete the construction work by the deadline for completion, and the plaintiff notified the defendant of the cancellation of the construction contract of this case.

In addition, in the evidence Nos. 4 and 5, the construction of this case was interrupted due to the defendant's reasons attributable to the whole purport of the pleading, and the fact that the defendant's senior ratio of the construction of this case was 40.56% until the construction of this case was interrupted.

Where a contractor cancels a contract due to the default of a contract for construction works when the contractor has failed to complete the construction works in the construction contract, if the construction works have been considerably advanced, which resulted in a significant social and economic loss and the completed part becomes the contractor's benefits, the contract shall be invalidated only for the completed part.

In such cases, the contractor shall deliver the building to the contractor as it is in the condition of cancellation, and the contractor shall pay the remuneration for the transferred building, and the amount of the remuneration shall be based on the agreed total construction cost between the parties, except in extenuating circumstances.