A. On October 25, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant under which the construction price was KRW 65,000,000, and the construction period was from October 29, 2014 to November 30, 2014, the Plaintiff paid KRW 32,50,000 to the Defendant on the same day.

The main contents of the instant construction contract are as follows.

The contract amount of construction agency contract (Evidence 1): 65,00,000 won: The construction period from October 29, 2014 to November 30, 2014: (a) the method of paying the construction cost: ① the down payment of KRW 32,50,000,000, and ② the intermediate payment of KRW 25,000,000, and ③ the payment of the remainder payment of KRW 7,500,000 after the completion of the remainder; and (b) the Defendant shall pay the Plaintiff penalty for delay of KRW 0.01,01,00 of the contract amount stipulated in the contract for each number of days, if the construction is not completed within the due date for the completion prescribed in the contract.

B. On October 27, 2014, the Defendant commenced the instant construction work. On November 20, 2014, the Plaintiff paid KRW 5,000,000 among intermediate payments to the Defendant.

C. The Plaintiff and the Defendant settled disputes around November 20, 2014, and the Defendant suspended the instant construction work around November 21, 2014.

On December 10, 2014, the Plaintiff sent to the Defendant a certificate of content that contains a declaration of intent to cancel the instant construction contract on the ground that the Defendant, at the request of the Plaintiff, completely suspended the instant construction work. The content certification reached the Defendant on December 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 (including paper numbers), Gap evidence 5, Gap evidence 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. Under the instant construction contract, the Plaintiff paid KRW 32,50,000 to the Defendant on October 25, 2014, and KRW 5,000,000 among intermediate payments on November 20, 2014, and KRW 37,50,000,000 to the Defendant, but the Defendant unilaterally paid the instant construction work.