1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. On October 21, 2016, the Plaintiff: (a) concluded a contract with the Defendant on October 21, 2016, setting the contract amount of KRW 32,00,000,000 in the construction amount of the Seo-gu Busan Metropolitan Government C Apartment, and 205, from November 3 to December 3, 12, 201 of the construction period; (b) the down payment of KRW 3,200,000 on the date of the contract; and (c) the remainder of the construction amount under mutual agreement; and (d) the payment of the delayed premium rate of KRW 30/

The plaintiff paid 300,000 won as down payment to the defendant on October 22 of the same year and 200,000 won following day respectively.

Although the Defendant started the construction work, on December 12, 2016, the Plaintiff unilaterally notified the Plaintiff of the suspension of the construction work, and the Plaintiff requested the representative E to perform the remaining construction work on January 18, 2017 and completed the construction work on January 20, 2017. [Grounds for recognition] Each entry in the evidence Nos. 2, 3, 8, 16, and 17, and the purport of the entire pleadings.

2. The plaintiff's assertion and judgment

A. The summary of the assertion (1) The Defendant was at the time of the discontinuance of construction work, and the Plaintiff paid KRW 26,50,000 to the Defendant. As such, the Defendant is obligated to return 16,707,650, which is the difference in unjust enrichment, to the Plaintiff. (2) Although the Defendant unilaterally agreed to complete construction work until December 3, 2016, the Defendant unilaterally suspended construction work, and the Plaintiff immediately requested another business operator to complete construction work on January 18, 2017, and thus, the Defendant was obligated to compensate the Plaintiff for delay damages from December 4, 2016 to January 18, 207 (32,00,0000 x 30/1000 x 30/10,000 x 46 days).

Judgment

(1) Comprehensively taking account of the entire purport of the pleadings in each of the statements in Gap evidence Nos. 3, 4, 6, and 7, the part of the claim for return of unjust enrichment, the plaintiff, including the down payment, to the defendant including the down payment, and the amount of KRW 9 million on November 5, 2016, and the same month.

7. 70,000 won, 1050,000 won on the 21st of the same month (on the defendant's request, direct payment to waste disposal business operators), 22.9 million won on the 22th of the same month, 2950,000 won on the 23th of the same month, 200,000 won on the 200,000 won on the 12th of the same month, and 400,000 won on the 40