1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts (1) On May 8, 2014, the Plaintiff (subcontractor) entered into a contract with the Defendant (subcontract) to accept the following construction works (hereinafter “instant subcontract”) and received KRW 10 million as the down payment on the same day.

- The scope of construction: From among the Gagdo-ro 241-1 multi-unit housing in the city Dog-si 241-1, Dog-si Dog-si Dog-si Dog-si Dog-do Dog-do Dog-do Dog- The Defendant notified the Plaintiff on July 19, 201, that Dog-do Dog Dog-dog Dog-dog Dog-dog Dogg-dog Dog-dog Dog-dog Dog gg gg gg-dog g g g gg g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g

③ On the other hand, the Plaintiff’s work carried out was almost little, and the Plaintiff’s workers, including the Plaintiff, worked at the site, but did not work at the night and did not work at the night.

【In the absence of a dispute over a part of the grounds for recognition, Gap evidence 2, Eul evidence 2-1, 2, and 3-1, 2-3 of the evidence 2, Eul's testimony and the whole purport of the oral argument 【In the absence of evidence】

2. The plaintiff's argument as to the plaintiff was unilaterally cancelled the subcontract of this case pursuant to Article 673 of the Civil Code (the contractor may compensate for damages and rescind the contract before the completion of the work). Thus, the defendant deducts 10 million won of the down payment already received from the sum of the amount equivalent to the plaintiff's expectation interest, which would have been accrued if the work had been completed in the amount equivalent to the plaintiff's wage of 12.2 million won, i.e., the amount equivalent to the expenses already paid or payable by the plaintiff, i.e., the amount equivalent to the plaintiff's wage of 63.4 million won.