1. The Defendant shall pay to the Plaintiff KRW 49,737,429 and the interest rate of KRW 15% per annum from July 23, 2015 to the day of complete payment.

1. Basic facts

A. On December 11, 2014, the Plaintiff awarded a contract to the Defendant for the construction cost of KRW 77 million for the construction work for the construction work for the ground-based housing extension work at Jeju on March 2, 2015, KRW 480 million for the construction work cost of the construction work for the ground-based and E-based neighborhood living facilities at Jeju on March 2, 2015, ③ on April 4, 2015, KRW 65 million for the interior underground housing construction work for the ground-based housing unit C at Jeju on April 2015, respectively.

(hereinafter referred to as “each of the instant construction works”) B.

As the construction cost of each of the instant construction works, the Plaintiff paid the Defendant KRW 5 million on December 12, 2014, KRW 26.2 million on December 26, 2014, KRW 10 million on March 3, 2015, KRW 50 million on March 9, 2015, KRW 20 million on March 19, 2015, KRW 60 million on April 6, 2015, KRW 15 million on April 7, 2015, KRW 35 million on April 2015, and KRW 170 million on April 20, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. On May 2015, the Plaintiff asserted that each of the instant construction contracts was terminated on the construction site after unilaterally suspending each of the instant construction works to a patrolman. The Plaintiff rescinded each of the instant construction contracts on the grounds that the Defendant had delayed performance or refused performance. The Plaintiff sought reimbursement of KRW 49,737,429, after deducting KRW 120,262,571 from the construction cost already paid to the Defendant at KRW 170,000,000, the total amount of the construction cost and value-added tax paid by the Plaintiff at the time of discontinuance of construction.

B. The Defendant asserted that each of the instant construction works was commenced by the Defendant, but at the date of the Plaintiff’s promise, did not timely pay the intermediate payment or additional construction cost agreed upon in each of the instant construction contracts, and thus, the Defendant inevitably suspended construction works to a police officer on May 2015 and continued to withdraw them on the spot.

As can be seen, the Plaintiff is liable to suspend construction works. The Plaintiff and the Defendant concluded each of the instant construction contracts and breached the contents of the construction contract, resulting in monetary and criminal damage.