The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On October 1, 2018, the Plaintiff, among the construction works for the construction of distribution facilities in mountainous districts C Co., Ltd., the construction cost of the instant construction works shall be KRW 255,00,000 ( separate value-added tax), and the advance payment shall be 10% after entering into a contract, and the intermediate payment shall be paid at 40% on October 10, 2018; the intermediate payment of KRW 40% on December 10, 2018; the remainder payment of KRW 10% on December 10, 2018; the period of construction shall be determined to be paid at the time of the completion of trial operation; and the period of construction shall be determined from September 17, 2018 to November 30, 2018.

B. On October 2018, from around December 2018 to December 2018, the Plaintiff discontinued the instant construction project while failing to complete the construction. On December 20, 2018, the Defendant notified the Plaintiff of the termination of the instant construction contract on the ground that the Plaintiff’s discontinuance of construction works was revoked.

(c)

The Defendant paid the Plaintiff KRW 175,050,000, totaling KRW 28,050,000 on October 11, 2018, and KRW 67,000 on November 1, 2018, and KRW 80,000 on December 11, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 (including each number), the purport of the whole pleadings

2. On December 20, 2018, the Plaintiff asserted that the instant construction contract was in progress by the Defendant not less than 90% until the instant construction contract was terminated.

Therefore, the Defendant calculated the construction cost of the instant construction project at KRW 54,200,00 (i.e., KRW 255,000,000 for the construction cost of the instant construction contract x 90% for the term payment - KRW 175,050,00 for the term payment - KRW 54,450,000 for the term payment, or only KRW 54,200 for the Plaintiff.

and delayed damages shall be paid.

3. The remuneration to be paid by the contractor shall be the amount calculated by applying the rate of base value to the total construction cost agreed between the parties, barring special circumstances, such as the existence of an agreement on remuneration of the part to be paid by the contractor, if the contract for construction works on the relevant legal principles as to the rate of base value and burden of proof is rescinded (Supreme Court Decision 31 March 31, 192).