All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 2018, the Plaintiff concluded a contract with the Defendant to purchase land and ground buildings in Jincheon-gun, Jincheon-gun, Chungcheongnam-do and to subcontract the construction of the above ground building (hereinafter “instant construction”) with the Defendant on or around March 2018.

B. Around March 2018, the Defendant received construction cost of KRW 40 million from the Plaintiff and continued construction work. A part of the building during the construction process is the land boundary.

Accordingly, the Plaintiff received KRW 22,50,000 from the former owner to remove the said part of the building.

C. However, around May 2018, the Defendant suspended construction due to a dispute with the Plaintiff during the instant construction process.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff asserted that the construction cost of the instant case was KRW 60 million as originally agreed and additionally paid KRW 22.5 million. The construction work of the instant case was suspended at the rate of KRW 30,000 with the total of KRW 82.5 million.

Therefore, the construction cost to be paid by the Plaintiff to the Defendant is only KRW 24.75 million (=82.5 million X30%). Since the Plaintiff paid a total of KRW 62.5 million, the Defendant should pay the excess payment amount of KRW 37.75 million (=62.5 million - 24.755 million) and damages for delay.

B. Where the contract for construction work is terminated halfway, unless there are special circumstances, the contractor is obligated to return the unpaid amount to the contractor, as a matter of course, the amount of the construction work corresponding to the advanced payment up to that time, even if there is no separate set-off declaration, and there is any advance that remains after being appropriated for the unpaid construction work.

At this time, the construction cost corresponding to the work period shall not be calculated on the basis of the actual expenses paid by the contractor, and actual part of the work period and the non-execution part.