1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from June 16, 2018 to the day of complete payment.

1. Facts of recognition;

A. On October 26, 2016, the Plaintiff entered into a contract with the Defendant to newly construct steel structure (hereinafter “instant building”) adjacent to the aspect of the “D hotel” building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction”) (hereinafter “instant construction”) with the Plaintiff to pay the construction cost of KRW 88 million (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The size of the structural frame of the building within the subsection (b) of this paragraph, 44m2 (2.5mX17.6m) of the wall size of the wall of the sand position panel (2.5mX17.6m), 1st underground, 2nd floor, 3rd floor construction period on October 25, 2016; the construction price of 88 million won on November 20, 2016;

B. At the time of entering into the instant contract, the Plaintiff paid KRW 40 million as the down payment out of the construction price, and additionally paid KRW 30 million on November 30, 2016.

C. Around December 2016, when the construction was in progress, it was proved that the construction permit for the instant building was impossible, and the Defendant suspended the instant construction. Accordingly, the Plaintiff rescinded the instant contract and removed the instant building by itself.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the construction cost corresponding to the completed portion executed by the defendant at the time of the discontinuance of the instant construction work is KRW 60 million, the defendant is obligated to return the exceeding KRW 10 million to the plaintiff.

B. The construction cost to be paid by the Plaintiff to the Defendant as the instant contract was rescinded before the completion of the construction work is the amount calculated by multiplying the agreed construction cost by the rate of the flag and height at the time the Defendant ceased the construction work. The construction cost is the construction cost to be incurred in the already completed part, and the construction cost to be incurred in completing the unconstruction portion is the total construction cost.