1. The Defendant’s KRW 60,000,000 as well as its annual 6% from September 19, 2015 to November 2, 2016 to the Plaintiff.

On March 30, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction of a new building located in Sejong Special Self-Governing City (hereinafter “instant construction contract”) with regard to KRW 300 million for the construction cost, the construction period from April 1, 2015 to June 30, 2015 (hereinafter “instant construction contract”); the Plaintiff paid KRW 210 million for the construction cost of the instant case as the Plaintiff is proceeding with the Defendant; however, the Defendant suspended the instant construction before September 2015; the period of maturity for the instant construction project until the suspension is equal to 40%; the Plaintiff’s performance of construction works until September 9, 2015 until September 15, 2015; or the Plaintiff did not provide the Defendant with a certificate of KRW 60 million for the return of construction price exceeding KRW 60 million for each of the parties to the instant construction contract; or the verification that the construction cost was paid exceeding KRW 10 million for each of the parties to the instant construction contract.

According to the above facts of recognition, the construction of this case was suspended on September 2015 and thereafter, it is apparent in the record that the Plaintiff and the Defendant clearly expressed their intention not to maintain the construction contract of this case. Thus, the construction contract of this case shall be deemed to have been terminated when the construction of this case was interrupted.

However, the progress payment amounting to 40% of the Defendant’s maturity rate at the time when the Defendant ceased the instant construction work (i.e., KRW 30 million x 0.4), which is KRW 210 million (i.e., the amount that the Defendant received as the progress payment from the Plaintiff up to the time of the suspension is KRW 20 million. Thus, the Defendant, barring any special circumstance, at the rate of KRW 90 million (i.e., KRW 210 million - KRW 120 million), which was paid to the Plaintiff as unjust enrichment, as the Plaintiff seeks, from September 19, 2015 to November 2, 2016, the original copy of the instant payment order from the next day to the date of delivery of the original copy of the instant payment order, shall be 60 million per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.