The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 22, 2016, the Plaintiff and the Defendant E (hereinafter “instant building”) concluded a contract for construction works with respect to the sixth floor, seventh floor, rooftop, and balcony molding construction works (hereinafter “instant construction works”) as follows (hereinafter “instant construction contract”).

Orderer: Defendant Primary Contract Name: New Construction Corporation

2. The name of subcontracted project: 6th floor, 7th floor, rooftop, and balcony-type frame among the new E-construction projects;

4. Period of construction: The period of construction on or before September 23, 2016: The amount of contract on November 5, 2016 (Won 75,000,000).

6. Payment of the price;

(a) After concluding an advance payment: Not more than ten days (Won 10,000,000);

(b) Endd portion: (1) Method of payment approved on the 10th of the following month at the request of the relevant month on the basis of the construction progress ratio: 100 percent in cash;

B. The Plaintiff began the instant construction work after receiving KRW 10,000,000 as advance payment from the Defendant around the date of the instant construction contract.

C. On October 11, 2016, the Defendant notified the Plaintiff of the suspension of the instant construction on the ground of the safety diagnosis, etc. of the instant building. Accordingly, the instant construction was suspended.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff continued to perform approximately 40% of the total process until the instant construction was interrupted, and the corresponding construction cost is equivalent to KRW 28,90,000, and thus, the Defendant is obliged to pay the said construction cost to the Plaintiff.

B. The Plaintiff’s temporary materials invested and installed for the instant construction works are left unattended due to the suspension of construction. Accordingly, the Plaintiff suffered damages equivalent to KRW 70,530,000 for the temporary materials, and thus, the Defendant is obliged to pay the said damages to the Plaintiff.

3. Determination

A. If the contract for a construction work claim is rescinded halfway, the remuneration to be paid by the contractor shall be the remuneration between the parties.