1. The Defendant’s KRW 20,342,60 for the Plaintiff and KRW 6% per annum from May 14, 2019 to October 16, 2019.

1. Amount agreed upon as fact-finding: 5,000,000 won is paid by August 18, 2017 (20%) 34,000,000 won: On one occasion, the remainder payment of KRW 46,00,000 after completion of aggregate works: Within 15 days after completion;

On August 16, 2017, the Plaintiff, the purpose of which is building construction business, etc., received a contract from the Defendant for the new construction of green facilities (hereinafter referred to as “instant building”) with the Seoul Jongno-gu Seoul Metropolitan Government 4th floor size of green facilities (hereinafter referred to as “instant building”) for the construction cost of KRW 170 million (excluding value-added tax) and the payment of the construction cost was determined as follows:

B. The Defendant paid to the Plaintiff KRW 1 million as of September 8, 2017, KRW 4 million on September 15, 2017, KRW 10 million on September 28, 2017, KRW 10 million on September 28, 2017, KRW 200 million on November 21, 2017, KRW 4 million on November 4, 2017, and KRW 34 million on the date of the payment.

C. The Plaintiff completed the instant construction work even before the 1st floor foundation.

The construction of this case was eventually suspended due to the change of the third and fourth floors thereafter.

On December 26, 2017, the Plaintiff notified the Defendant of the cancellation of the instant construction contract on the ground that the payment for completed portion is unpaid.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The instant construction contract was rescinded upon the Plaintiff’s notice of cancellation on December 26, 2017, based on the Plaintiff’s cause attributable to the Defendant.

The Plaintiff entered into a construction project equivalent to KRW 94,042,938 until the time of cancelling the instant construction contract, and received KRW 34,00,000 from the Defendant as the construction price of the instant case, and thus, the Defendant is obligated to pay the Plaintiff KRW 60,042,938 and delay damages.

B. The Defendant Corporation was interrupted due to the Plaintiff’s cause attributable to it.

The expenses actually paid by the Plaintiff until the discontinuance of the instant construction work shall not exceed 34 million won.

The defendant is no longer liable to pay the construction cost to the plaintiff.

3. Determination

(a) construction works in respect of a construction contract;