1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Basic Facts

The defendant is the owner of Masan-si D (hereinafter referred to as the "instant land") in Changwon-si.

The Plaintiff was a corporation for the purpose of construction business, etc., and was awarded a contract with the Defendant for the construction of neighborhood living facilities and business facilities on the instant land (hereinafter “instant construction”).

The Plaintiff and the Defendant, including the conclusion of the contract related to the instant construction works, shall enter into a standard contract for the instant construction works with respect to the construction works, with the following content around March 8, 2017:

1. Construction name: C neighborhood living facilities and construction of business facilities;

2. The place of construction: D in Changwon-si Mhappo-gu.

3. Date of commencement: The scheduled completion date of February 5, 2018: 3,707,00,000 won (including value-added tax) for the supply price of 3,370,000 won: 3,370,000 won: 337,000,000 won.

8. Late portion: At once a month, the contractor for the delay of 1/1,000: Defendant contractor: The Defendant contractor shall cooperate with each other under Article 1 (General Provisions) of the General Conditions for the Standard Contract for Construction Works for the Plaintiff’s Private Sector on an equal footing, and the Plaintiff shall faithfully perform the contract in good faith.

Article 34 (Cancellation of Contracts, etc. by Defendant) (1) In cases falling under any of the following subparagraphs, the Defendant may cancel or terminate all or part of the contract:

1. Where the Plaintiff fails to commence construction works even after the period for commencement agreed upon has elapsed without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to a cause attributable to the plaintiff.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract by the plaintiff.

Article 37 (Plaintiff's Simultaneous Performance Defense) (1) The defendant's contractual terms are the same.