1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The court's explanation concerning this case is based on the first instance judgment's reasoning.

The part of paragraph (2) is dismissed as follows. The defendant's assertion emphasized or added by this court is identical to the part of the reasoning of the judgment of the first instance except for an additional determination as to the argument as set forth in the following paragraph (2). Thus, it is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff and the Defendant set the instant construction cost of KRW 7,680,624,00; however, the actual payment of the construction cost of KRW 100,000,000 as the down payment shall be paid within 15 days after the conclusion of the contract; and the payment of KRW 600,000,000 each time in six installments after mutual agreement according to the progress rate of the construction work (this is the method of paying KRW 16.7% each time if the high rate of KRW 16.7% each time).

(1) The Plaintiff paid KRW 100,000,000 to the Defendant for the remainder of the construction cost. The Plaintiff paid KRW 100,000 to the Defendant.

Paragraph 10 of Paragraph 10 of the Special Conditions of the Contract of this case waives the construction in the middle of the construction, the subcontractor shall waive all the expenses for the construction works and materials which have been undertaken, and the construction expenses for the subcontractor shall be handled collectively by the defendant, and all civil and criminal responsibilities shall

Provided, That where the suspension of construction or the defendant renounces the construction due to the reasons attributable to the plaintiff, all construction costs or expenses incurred in relation to the construction of this case shall be calculated and settled by the plaintiff.

“The Defendant, while continuing the instant construction project according to the instant contract, suspended the construction project upon requesting the Plaintiff to pay the construction cost on August 5, 2016. The Plaintiff, on September 1, 2016, did not reach the first instance payment rate of 10%, which is due to the Defendant’s failure to reach the first payment rate of 16.7%, due to the Plaintiff’s failure to reach the first payment rate of 16.7%.