1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On May 13, 2014, the Plaintiff entered into a contract with the Defendant for a construction project with the content that the construction cost of 84,00,000,000 won for the construction of land-based C-based housing in Gyeongcheon-gun, Chungcheongnamcheon-gun, and that the down payment, 5,000,000 won for the construction period from May 13, 2014 to August 13, 2014 shall be paid on the date of the contract and the remainder during six months (hereinafter “instant contract”). On May 14, 2014, the Plaintiff paid the Defendant the down payment of 5,00,000 won to the Defendant.

B. On May 22, 2014, the Defendant requested the Plaintiff to pay at least KRW 40 million to the Plaintiff at least KRW 50 million out of the construction price under the instant contract during six months.

Accordingly, until June 10, 2014, the Plaintiff expressed his/her intent to preferentially pay KRW 10 million.

However, on May 26, 2014, the Defendant expressed his/her intent to suspend construction to the effect that “if the Plaintiff does not promise to pay the construction cost, the construction shall not be executed any more” is stated on whether it is possible to lend a farming house loan to the Plaintiff with respect to the payment of the construction cost.

C. On May 27, 2014, the Plaintiff sent to the Defendant a certificate of content that “In the course of performing the basic construction and outer wall construction works, the Defendant is presumed to have failed to perform construction works differently from the design drawing, and thus, the Plaintiff again requested a written reply by June 5, 2014 when requesting the complete reconstruction in accordance with the design drawing, and if refusing the reconstruction, the instant contract will be terminated on June 6, 2014,” and the said certificate of content reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 26 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the contract of this case was cancelled because the defendant did not perform the construction work any longer after the conclusion of the contract of this case after the conclusion of the contract of this case, and thus the contract of this case was already paid 5,00,000 won.