1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. The Plaintiff is a person who operates a child-care center located in Ulsan-gu C, Ulsan-gu, and the Defendant is a person awarded a contract for the new construction of a child-care center by the Plaintiff.

B. On January 10, 2017, the Plaintiff concluded a construction contract with the Defendant and the Child Care Center Construction Corporation (hereinafter “instant construction contract”) with the construction cost of KRW 262,50,000 (contract amount of KRW 25,000,000) (hereinafter “instant construction contract”).

The main process of the instant construction contract is as follows.

Details of the work No. 4,000,000 Csaw/Dump 3 removal management and operation 4,000,000 or 20 waste 5,000 or 20 waste from 12,00 to 3 removal management and operation

C. At the time of the conclusion of the instant construction contract, the Plaintiff paid KRW 35,000,000 to the Defendant as down payment or advance payment for construction work, including KRW 10,000,000 on December 27, 2016, and KRW 13,000 on January 13, 2017, and KRW 10,000 on February 14, 2017.

On April 13, 2017, the Plaintiff obtained approval for the use of the instant construction from the office of Nam-gu, Ulsan Metropolitan City, and the Defendant completed the removal process during the instant construction project around May 2017.

E. On June 5, 2016, while the Defendant delayed construction after completing only the removal process among the instant construction works, the Plaintiff and the construction period from June 5, 2017 to October 2017 entered into a re-contract with the construction cost of KRW 287,00,000. On June 29, 2017, the Defendant drafted a letter of performance that the Plaintiff would complete the completion inspection of the instant construction works by October 10, 2017.

F. However, on June 30, 2017, the Defendant closed its business, and failed to continue the instant construction work any longer.

G. On July 27, 2017, the Plaintiff disposed of construction wastes in the instant construction site by taking into account KRW 7,500,000, and around August 2017, the Plaintiff sent to the Defendant a mail demanding the termination of the instant construction contract and the settlement of the paid amount. The Defendant received the said mail around that time.

[Reasons for Recognition] There is no dispute.