1. The Defendant’s KRW 195,866,66 for the Plaintiff and KRW 5% per annum from May 16, 2013 to April 17, 2014.

1. Basic facts

A. On May 23, 2012, the Plaintiff entered into a contract for construction work (hereinafter “instant contract”) with the Defendant on June 1, 2012, 201 with respect to the construction of a newly-built urban residential housing unit (hereinafter “instant construction”) on the grounds that: (a) the date of commencement; (b) January 31, 2013; (c) the contract amount of KRW 1,438,000,000; and (d) advance payment of KRW 100,000,000.

B. On July 9, 2012, the Plaintiff paid the Defendant KRW 100,00,000,000 in advance, and KRW 50,000,000 in total, on October 4, 2012.

C. Around August 13, 2012, the Defendant submitted the starting system for the instant construction to the head of Seo-cheon Gun.

On the other hand, on May 25, 2012, the Defendant’s auditor D lent KRW 300,000,000 to the Plaintiff’s director E and F as of December 15, 2012. In this regard, D received dividends of KRW 208,90,867 in a voluntary auction procedure for real estate owned by E on November 20, 2013.

(hereinafter referred to as the above loan of this case). 【No dispute exists concerning the loan of this case's 1, 2, 3-1, 2, 3-3, 1-1, 2-2, 2-2, 2-2, 17 evidence No. 17, 2-2, 17 witness F's testimony and the purport of the whole pleadings.

2. Whether the instant contract has been rescinded

A. The Plaintiff asserted that the Defendant submitted a commencement schedule to the head of Seocheon-gu, Seoul Special Metropolitan City on August 13, 2012, and established a site office, and the Plaintiff notified the Defendant of the rescission of the instant contract on April 26, 2013 because the instant construction was not carried out until now, and thus, the instant contract was rescinded due to the Defendant’s fault.

B. The Defendant alleged that the Defendant did not proceed with the instant construction. ① Although the Plaintiff failed to commence the instant construction due to the Plaintiff’s cause attributable to the Plaintiff, the Plaintiff did not repay the instant loan and its interest that D lent as the cost of settling accounts for the construction site. ② According to the instant contract, the Plaintiff made advance payment within 14 days after entering into the instant contract.