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

1. Basic facts

A. On May 4, 2014, the Plaintiff concluded a contract with the Defendant on May 4, 2014, for the construction work for multi-family houses in the Seocho-si Residential Facilities (hereinafter “instant construction work”) at KRW 690 million for the construction cost (the contract amounting to KRW 100 million, KRW 200 million for the first part payment, KRW 200 million for the second part payment, KRW 100 million for the second part payment, KRW 100 million for the third part payment, KRW 50 million for the third part payment, KRW 50 million for the third part payment, KRW 240 million for the remainder payment, KRW 20 million for the completion of the completion of the instant construction work), and on October 2014 for the completion of the completion of the construction work.

(hereinafter “instant construction contract”). B.

On December 20, 2014, the Defendant discontinued the instant construction work without completing it.

C. From May 2014 to October 2014, the Plaintiff paid a total of KRW 415 million to the Defendant, and the Defendant returned KRW 15 million to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Defendant unilaterally suspended construction work on or around December 20, 2014, and neglected it. This constitutes grounds for cancellation under Article 31(1)2 of the instant construction contract, and the Plaintiff rescinds the said construction contract by serving a copy of the complaint in accordance with the above provision. 2) The construction work of this case is completed at the rate of 43.78% as the result of appraisal and assessment, and the construction work cost based on the fixed rate of 302,082,00 won is KRW 302,00,000,000 for the construction cost already paid to the Plaintiff as unjust enrichment. Thus, the Defendant is obligated to pay the Plaintiff KRW 97,918,00,000, remaining after subtracting the construction cost already paid by the Plaintiff as unjust enrichment from KRW 400,000.

3) The instant construction works, such as the appraisal of defects in the construction works, have defects such as ruptures in the household, and require a total of KRW 21,44,00,00 as remuneration costs. As such, the Defendant is obligated to pay the Plaintiff KRW 21,444,00 as compensation for damages. (B) The Defendant’s assertion 1) was able to start construction works only at the end of June, 2015 due to the Plaintiff’s circumstances, and the Plaintiff is under construction works.