1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 16, 2017, the Plaintiff and the Defendant concluded a contract with the Defendant to install D-Housing Site C (hereinafter “instant construction”).

According to the above contract, the contract price is KRW 314,930,00 (including value-added tax), and the payment period and delivery place are the place designated by the Plaintiff from the date of the deposit of the down payment to the date of consultation, and the Plaintiff decided to complete the purification tank, electricity, water supply and drainage, and foundation before the payment period, and the advance payment of KRW 31,493,00 was paid KRW 94,479,00 on the first intermediate payment, i.e., the first intermediate payment of KRW 94,479,00 upon receipt to the architect upon the completion of the structure before the installation of the inside and outside place, KRW 62,986,00 on the third intermediate payment, KRW 31,493,00 upon the completion of the construction.

However, the special agreement states that "this contract is later scheduled for the conclusion of this contract".

B. On May 2, 2017, the Plaintiff and the Defendant concluded a contract for the instant construction again, and the other details are the same as before; the payment period is up to June 30, 2017; the first intermediate payment is included as advance payment; and the first intermediate payment is KRW 125,972,00,000; and the second intermediate payment is paid KRW 62,986,00 at the time of the completion of the structure before the attachment of the interior and external installation; and the second intermediate payment is paid KRW 31,493,00 at the time of completion of the construction.

(hereinafter “instant construction contract”). C.

Under the instant construction contract, the Plaintiff paid KRW 283,916,00 among the construction price to the Defendant.

Three D Housing units established by the instant construction (hereinafter “D Housing units”) were approved for use on December 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 8, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant discontinued the instant construction, and the Plaintiff totaling KRW 42,588,200 = 26,275,000 for wooden and steel structure construction.