1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 102,760,421 as well as to the plaintiff on June 2018.

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the claim by the court is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination

A. The reasoning for the judgment on whether the contract for construction work in this case was rescinded is identical to the reasoning of the judgment of the court of first instance, and thus, the reasoning for this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. (1) Determination of the cause of the claim is 1) Determination of the claim for restitution of unjust enrichment; advance payments received according to the contract for construction works are part of the construction cost paid in relation to the entire construction works, not the payment in general related to the specific base value.

Where a contract for work is terminated or terminated after the payment of advance payment, the contractor shall be obligated to pay the unpaid amount of the contract for the work that falls under the advanced payment, as a matter of course, and the contract price remains, if the contract is terminated or terminated without a separate set-off declaration, except in extenuating circumstances.

If advance payment is appropriated for the unpaid construction cost, the contractor is obligated to return the remainder of the advance payment.

(see, e.g., Supreme Court Decision 2014Da11574, 11581, Jan. 12, 2017). In a case where a contractor, without completing construction works, should cancel the contract for construction works and settle accounts of construction cost based on the completed height, barring special circumstances, such as where there is a special agreement on the calculation of the construction cost or the rate of the completed portion, the construction cost is already completed out of the total construction cost.