2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

A. The Plaintiff is an individual entrepreneur engaged in the production of freezing and refrigerating equipment with the trade name of “E”, and the Defendant is the representative director of C, a company engaged in agricultural and fishery products distribution business, etc.

B. On January 16, 2015, the Plaintiff concluded a construction contract with the Defendant on a fixed period from January 14, 2015 to February 15, 2015 (including value-added tax, 341,000,000 won of the construction amount (including value-added tax, 30% of the contract date for the intermediate payment, 40% of the contract date for the intermediate payment, and 30% of the remainder after the trial run) and concluded the Defendant’s freezing warehouse (hereinafter “instant freezing warehouse”).

(hereinafter “instant construction and contract”). C.

On February 2, 2015, the Plaintiff installed freezing equipment in the instant freezing, and (2) the Plaintiff concluded a subcontract for the construction of the freezing storage of the instant freezing by setting the 10,120,000 won for heat-proof fishing manufacturers, which is mutually called “F,” and the Plaintiff was awarded a subcontract for the construction of replacing and repairing the heat-proof fishing of the freezing storage of the instant freezing, and F performed the construction of replacing one heat-proof fishing of the first floor of the freezing warehouse of the instant freezing, and converting the 12 opening and closing system of the total heat-proof fishing (4 underground floors, 4th floor, 4th floor, and 4th floor on the ground) into the dynamic.

On March 25, 2015, the Plaintiff awarded a subcontract for the construction work of replacing the heat conditioning underground floor of the freezing warehouse of the instant case (hereinafter referred to as “heat fishing construction”) with the amount of KRW 7,700,000 for the heat conditioning system (hereinafter referred to as “the heat conditioning system”). However, during the process of performing the construction work of replacing the heat conditioning system from June 30, 2015, a fire (hereinafter referred to as “the fire of this case”) occurred due to the negligence of a third party company on July 2, 2015, which caused a fire (hereinafter referred to as “the fire of this case”).

E. Meanwhile, the Defendant paid the Plaintiff KRW 184,00,000 in total, from January 19, 2015 to June 22, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Gap evidence 8-1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff around February 2015 pursuant to the instant contract.