1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

1. Title of construction: Civil engineering and steel-framed construction at a new factory of C;

3. A construction period: The supply price on August 16, 201, and October 20, 201, as of October 201, 201: The amount of KRW 1,00,000,000: the contract price: KRW 2,000,000 per day: KRW 30,000,000: KRW 4,000 after completion.

A. On August 2, 2011, the Plaintiff entered into a contract with the Defendant to contract civil engineering works and steel framed construction works at the new factory C (hereinafter “instant construction contract”). The key contents are as follows.

B. Under the instant construction contract, the Plaintiff paid KRW 110,00,000 (including value-added tax) to the Defendant as the down payment from August 5, 201 to August 24, 2011, and the intermediate payment on March 15, 2012 (including value-added tax).

C. The Defendant did not proceed with a part of the construction, such as a retaining wall construction, and did not delay the construction even after the intermediate payment was received.

On October 30, 2012, the Plaintiff sent to the Defendant a certificate of content that the instant construction contract may be rescinded if the construction work is not completed until December 5, 2012. On December 21, 2012, the Plaintiff sent to the Defendant a certificate of content that, around December 21, 2012, the instant construction contract was rescinded.

E. After March 30, 2013, the Plaintiff used the entire down payment of KRW 100 million for any other purpose unfairly without consultation with the Plaintiff, and if the Plaintiff so permitted, the Plaintiff removed the existing defective construction works without claiming additional expenses, and completed the construction works until May 31, 2013, and obtained approval for completion until June 28, 2013. If the Plaintiff violated the aforementioned schedule, the Plaintiff shall return the down payment and the intermediate payment by June 31, 2013, and promise to assume the Plaintiff’s financial losses, civil, and criminal liability for the delay of the construction.”