1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 24, 2015, the Plaintiff was awarded a contract with the Defendant for interior interior interior interior interior interior interior interior interior interior interior interior decoration to C, and concluded a contract for construction with the Defendant as follows.

Construction amount: 50 million won (excluding value added tax) payment schedule - Contract deposit: 10 million won (excluding value added tax), payment date: - The first intermediate payment on December 24, 2015: 10 million won (excluding value added tax), payment date January 7, 2016 - The second intermediate payment: payment on January 11, 2016 - The third intermediate payment on January 11, 2016 (excluding value added tax); payment date on January 18, 2016 - The payment period from December 29, 2015 to January 24, 2016: The payment period after the completion of construction:

B. The Defendant received KRW 10 million from the Plaintiff and commenced construction work, but suspended construction work in the middle of the year.

[Grounds for recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The parties' assertion

A. The Plaintiff did not pay the intermediate payment to the Plaintiff at all after paying the down payment of KRW 10 million to the Plaintiff, and the Plaintiff discontinued the construction work.

Therefore, the defendant is obligated to pay KRW 30 million according to the progress rate of construction by the time when the plaintiff paid the third intermediate payment.

B. The Plaintiff delayed construction without actually ongoing the agreed human body construction.

Even if the plaintiff actually carried out construction work, it is necessary to settle the construction cost according to the progress rate at the time when the plaintiff ceased construction work. However, the plaintiff is unable to respond to the plaintiff's request, since the plaintiff does not disclose the progress rate and submit evidence related thereto.

3. In light of the purport of the entire pleadings, it is reasonable to deem that the instant contract was implicitly rescinded at the time when the Plaintiff ceased construction work.

Therefore, it is necessary for the Plaintiff to settle the construction cost as of the time when the construction work is discontinued, but the Plaintiff did not disclose the progress rate of the construction work performed by the Plaintiff at the time of suspending the construction work.