1. The Defendant’s KRW 106,518,889 and its relation to the Plaintiff’s KRW 5% per annum from April 10, 2019 to March 4, 2020.

1. Facts of recognition;

A. On October 20, 2016, the Plaintiff entered into a construction contract with the Defendant to enter into a contract for the construction of the three-story detached houses on the land of the Nam-gu Incheon Metropolitan City (hereinafter “instant construction”) on October 24, 2016, with the scheduled date of completion, on February 28, 2017; the construction cost of KRW 300 million (excluding value-added tax); and the liquidated damages rate of KRW 1/100 per day (hereinafter “instant contract”). On that day, the Plaintiff paid KRW 90 million to the Defendant as the down payment and advance payment.

On December 14, 2016, the Plaintiff additionally paid KRW 30 million to the Defendant.

B. The Defendant did not work properly, and the Plaintiff urged the Defendant to proceed with the work.

However, on February 20, 2017, the Defendant suspended the instant construction without finishing the steel frame construction until February 20, 2017.

Accordingly, on February 23, 2017, the Plaintiff submitted to this court the instant complaint containing the intent to terminate the instant contract on the grounds of the Defendant’s delay in construction, and the said warden was served on the Defendant on March 7, 2017.

C. The Plaintiff continued with the remaining construction and obtained approval for use on March 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11, 13 through 16 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant delayed the progress of the construction of this case and failed to complete the construction of this case within the period specified in the contract of this case, and the plaintiff terminated the contract of this case on the grounds of such delay. Thus, the contract of this case was terminated by the plaintiff's declaration of intent to terminate the contract of

B. Furthermore, comprehensively taking account of the appraiser D’s appraisal results and the fact-finding results on appraiser D, the construction cost at the time when the Defendant ceased the instant construction work is KRW 6,864,00 (including KRW 330,000 x 20.8%) and the basic concrete thickness, lack of retaining walls, construction without retaining walls, horizontal and vertical length.