1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. According to the purport of Gap evidence No. 1) 6 and Gap evidence No. 4’s video and oral argument, the defendant ordered G to undertake construction. G did not continue construction since it ceased construction around October 2017, and the plaintiff expressed his/her intent to cancel the contract of this case by serving a written complaint of this case and the above warden delivered it to the defendant on June 20, 2018. Thus, the contract of this case was lawfully rescinded upon the plaintiff’s declaration of intent to cancel the contract of this case on June 20, 2018.

3) In addition, the defendant asserts to the effect that even if the contract of this case was terminated, the plaintiff is obligated to pay the costs of KRW 27,00,000 already paid for the plaintiff for the construction work, which shall be deducted or offseted from the amount to be returned to the plaintiff by the defendant. In the construction work contract, even if the contract was terminated and completed, if the construction work was considerably serious social and economic losses, and the completed part becomes beneficial to the contractor, the contract for the construction work becomes invalid only for the completed part, and the contractor shall deliver the building to the contractor as it is, and the contractor shall pay a reasonable remuneration for the transferred building in consideration of the expiration of the construction (see, e.g., Supreme Court Decision 96Da43454, Feb. 25, 1997).