The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 30, 2018, the Plaintiff was awarded a contract with the Defendant for the new construction of C’s ground detached housing (hereinafter “instant construction”).

(hereinafter “instant contract”). (b)

On November 2018, the Plaintiff suspended the instant construction work under the completion of the 1st anniversary of the mid-2018 Police Officer’s CY.

Until the discontinuance of the instant construction work, the Defendant paid the Plaintiff KRW 51,200,000 as the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s claim was terminated upon the discontinuance of the instant construction work. The Plaintiff and the Defendant agreed to pay KRW 180,000,000 to the Plaintiff for the completion of the instant construction work. As such, the Defendant is liable to pay the Plaintiff the remainder of KRW 128,80,000 calculated by subtracting the Defendant’s payment from KRW 51,20,000,000, and damages for delay.

B. 1) Determination 1) In the event that a construction contract is rescinded or terminated due to a contractor’s default, the remuneration to be paid by the contractor shall be governed by the agreement on remuneration for the part of the contract, and barring such special circumstances, the amount calculated by applying the rate of time and time to the total construction cost agreed between the parties (see, e.g., Supreme Court Decision 2014Da11574, 11581, Jan. 12, 2017). Furthermore, the burden of proof of special circumstances, such as the agreement on the rate of time and rate of time and method of calculating the amount of progress payment, is against the contractor seeking the payment of the construction cost. 2) First of all, whether there exists an agreement on remuneration for the part of time and the Defendant.

The Plaintiff asserted that the Plaintiff and the Defendant agreed to pay KRW 180,000,000 after completion of the 1st floor shipbuilding work based on the evidence No. 1, but the following circumstances, which are acknowledged in full view of the aforementioned evidence and the purport of the entire pleadings, are as follows: