1. The Defendant’s KRW 89,005,711 as well as the Plaintiff’s annual rate of 5% from June 30, 2018 to August 9, 2018.

1. Basic facts

A. On December 13, 2015, the Plaintiff entered into a construction contract with the Defendant to newly construct the Han-dong-gu Seoul Special Metropolitan City Housing Improvement Housing in the amount of KRW 190 million for the construction cost (hereinafter “instant construction contract, and the said construction work “instant construction work”). Thereafter, the Defendant continued the instant construction work.

B. Around June 2016, the Plaintiff entered into an agreement with the Defendant to modify the contents of the instant construction contract with the content of the increase in the construction price to be paid by the Plaintiff to the Defendant, with respect to the installation of fences at 70 meters of the instant construction work, the Defendant provided the Plaintiff with the bricks and fixtures only. The date of completion shall be determined on September 11, 2016, and where the construction is delayed, the total construction cost shall be reduced by 10%.

C. The Defendant did not complete the instant construction by September 11, 2016, and suspended the instant construction around February 21, 2017.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The instant construction contract, based on the revised contract around June 2016, has increased the construction cost to KRW 210 million. The Plaintiff terminated the instant construction contract by serving a copy of the complaint in the instant case due to the discontinuance of construction. The Defendant is obliged to return the remainder of KRW 56,528,280, excluding KRW 166,110,000, which is the expiration date, out of the total construction cost paid by the Plaintiff to the Defendant, for unjust enrichment. The Defendant is obligated to return KRW 21,00,00,000, which is the construction cost reduced due to the failure to complete construction by September 11, 2016. The Defendant’s assertion that the construction contract in the instant case is liable to pay KRW 19,705,329,000,000,0000,000,0000,000.