1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On December 2, 2014, the Plaintiff agreed to pay the Defendant the remainder of KRW 5 million on December 2, 2014 and the remainder of KRW 5 million after the completion of construction, respectively, for the construction cost of KRW 10 million and for the construction period of KRW 10 million from December 2, 2014 to December 14, 2014 (13 days).

(hereinafter “instant construction contract”). B.

The Plaintiff paid the Defendant the down payment of KRW 5 million according to the instant construction contract.

C. The Defendant did not perform construction work any more than 3 days after the partial progress of the removal work of this case.

After December 2014, the Plaintiff notified the Defendant of the cancellation of the instant construction contract, and ordered D the said removal work with the construction cost of KRW 4.5 million around January 2015.

D has completed the removal work for two days.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, 2, 3, and 4 (including the number of branches), witness D, E's testimony, and the purport of whole pleadings

2. Summary of the parties’ assertion

A. The Defendant suspended the construction work after locking only the removal work among the instant construction works.

Inasmuch as the Plaintiff rescinded the instant construction contract on the grounds of this, the Defendant is obligated to pay the Plaintiff the down payment of KRW 5 million and the damages for delay thereof to its original state.

B. Defendant 1) During the process of removal works, more wastes were generated than originally anticipated, and the Plaintiff and the Defendant agreed to treat wastes. The Defendant disposed of the Plaintiff and the Defendant according to the said agreement. The Plaintiff notified the Plaintiff of the cancellation of the contract and unilaterally carried out the construction work. Ultimately, the Defendant did not err in the suspension of construction. (ii) The Defendant’s payment of the construction cost is labor cost, material cost, and cost.