1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. A. Around August 2014, the Defendant, who runs a carpet franchise business under the trade name of “C”, concluded a construction contract (hereinafter “instant construction contract”) under which the Plaintiff and the Defendant, who runs a construction business under the trade name of “D,” the construction cost of KRW 55 million for the Plaintiff, and the construction period from August 22, 2014 to September 21, 2014 for the term “E store” (hereinafter “instant construction contract”).

Then, the Defendant paid to the Plaintiff KRW 35 million as part of the price of the instant construction contract.

B. The instant construction project was suspended on or around September 2014, and the Defendant notified the Plaintiff that the instant construction contract was rescinded on or around September 30, 2014 on the ground of the Plaintiff’s nonperformance of obligation.

Since then, the defendant completed the construction of this case at his own expense.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6-1, Eul evidence 1, plaintiff's assertion of the purport of whole pleadings

A. In addition to the instant construction work, the Plaintiff also performed the additional construction work, and the Defendant agreed to pay the Plaintiff the construction amount due to the said additional construction work.

However, as the Defendant did not notify the Plaintiff of the details (such as the design or color of household, signboard, etc.) of the construction of this case that it should make a decision, the construction period of this case has increased, and the Plaintiff could not complete the construction of this case because the Defendant arbitrarily suspended the construction of this case.

B. Therefore, the Defendant shall pay to the Plaintiff the construction cost of KRW 60,500,00 under the instant construction contract (including additional tax), ② the construction cost of KRW 23,029,870, and ③ the construction cost of the construction works additionally added from the construction process under the instant construction contract; ③ the construction cost of KRW 7,188,00 under the instant construction contract, which was calculated by deducting the construction cost of KRW 35,00,000 paid by the Defendant, out of KRW 90,717,870, and its delay damages.