1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Facts of recognition

On December 16, 2013, the Plaintiff contracted the Defendant with the following content: C, 3801 Dong 4-2 (hereinafter “instant store”) to operate the coffee specialty:

(hereinafter “the instant construction contract”). The construction price: 15,00,000 won (excluding value-added tax): From December 17, 2013 to December 31, 2013: 10% portion: 40% portion of the total amount: at the time of commencement; 40% of the total amount; 40% at the time of completion of wooden works; and immediately after completion of construction, the Plaintiff paid the Defendant a total amount of KRW 13,50,000 and the remainder amount of KRW 13,50,000 as follows pursuant to the instant construction contract:

[ table] The Defendant suspended the construction work in the aggregate of KRW 6,00,000 on December 20, 2013 at the time of the commencement of the construction work (i.e., KRW 15,000,000 (i.e., KRW 15,000,000) and KRW 1,500 on December 19, 2013 (i.e., KRW 15,000) (i., KRW 15,000,000 x 40%) at the time of completion of the construction work on December 20, 2013 (i.e., KRW 6,00,000 for the completion of the construction work on December 25, 200 (i.e., KRW 15,00,000 x 40%) and the construction work in the instant case at the time of completion of the construction work on December 25, 2013.

Accordingly, on December 30, 2013, the Plaintiff notified the Defendant to resume the construction while paying the remaining amount of KRW 560,000,000, which was to be paid at the time of completion of wood construction. However, the Defendant did not resume the construction.

On January 10, 2014, the Plaintiff sent to the Defendant a content-certified mail that cancels the instant construction contract on the grounds of the suspension of construction work, and the said content-certified mail reached the Defendant around that time.

【In light of the fact that there is no dispute, Gap 1 through 4’s statement (including the number of branch offices; hereinafter the same shall apply), Gap 7’s video and pleading’s overall intent of rescission of the contract, and the fact that the instant construction contract was cancelled due to the defendant’s nonperformance, and thus, the Defendant returned the construction price that it received from the plaintiff due to restitution to its original state following contract cancellation.