A. On June 18, 2013, the Plaintiff contracted the Defendant for the remodeling construction of the building located in Geumcheon-gu Seoul Metropolitan Government for the construction period from June 24, 2013 to August 31, 2013, and KRW 335 million.

(hereinafter referred to as the “instant construction contract,” and the remodeling construction of the said building is called the “instant construction”). (b)

On June 30, 2013, the Plaintiff and the Defendant agreed to increase the construction cost set forth in the instant construction contract in KRW 15 million and KRW 350 million.

C. In accordance with the instant construction contract, the Plaintiff paid each of the Defendant KRW 134 million to the down payment on June 21, 2013, and KRW 130 million to the intermediate payment on July 26, 2013.

Around August 5, 2013, the Defendant discontinued the instant construction work, and the Plaintiff notified the Defendant of the performance of the instant construction contract on the 16th of the same month, but the Defendant did not resume the construction work.

On August 29, 2013, the Plaintiff notified the Defendant of the rescission of the instant construction contract by content-certified mail, and the content-certified mail reached the Defendant around that time.

E. The construction cost incurred by the Defendant by August 29, 2013 in the part executed under the instant construction contract is KRW 148,094,683, and the construction cost to be incurred in the unexecution portion is KRW 190,073,172.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, and 6 (including each number; hereinafter the same shall apply), each entry, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the contract of this case was lawfully rescinded by the plaintiff's declaration of intent to cancel the contract on the ground of the defendant's non-performance of obligation due to the suspension of work.

Furthermore, if a construction contract is rescinded in the middle, the contract shall be invalidated only for the unsatisfed part, and the contractor shall be delivered to the contractor in an unsatisfy condition.