1. The Defendant’s KRW 45,243,461 as well as 6% per annum from February 11, 2015 to June 1, 2017 to the Plaintiff.

1. Facts of recognition;

A. On December 3, 2014, the Plaintiff entered into a construction contract with the Defendant on December 3, 2014, setting the contract amount of KRW 371,88,000 (including value-added tax, and the amount for the part on installation of PC) between the Defendant and January 17, 2015, between December 3, 2014 and January 17, 2015, the payment terms and conditions of the contract performance guarantee payment, KRW 30% at the time of the payment of the contract performance guarantee, KRW 60% at the time of the completion of wood and other works, and KRW 10% at the time of completion of the PC.

B. On December 4, 2014, the Plaintiff paid 111,566,40 won as down payment and 111,566,400 won as part of the intermediate payment on January 16, 2015 (60% of the contract amount) to the Defendant. However, the Plaintiff and the Defendant did not reach an agreement between the Plaintiff and the Defendant on the date of payment, etc. of the remaining intermediate payment, etc., and the time of completion of additional interior works, etc., and the Plaintiff notified the Defendant of the cancellation of the contract for the said construction works by mail certified as of February 10, 2015.

C. The highest rate of the construction cost of the PC in progress by the Defendant is about 44.42% (the construction cost of KRW 23,136,392 for the PC-type air conditioners and fire-fighting systems, etc. was corrected as non-construction items out of the construction cost under on-site verification criteria) and the construction cost is about 165,195,853 (= approximately 44.42% of the contract amount of KRW 371,88,000), and the additional construction cost is about 12,693,486 won.

[Ground of recognition] Without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 16 (including additional numbers), Gap's testimony, appraiser Eul's appraiser Eul's appraisal and supplementation, according to the facts found in the purport of the whole pleadings as above, the defendant returned to the plaintiff the construction cost exceeding the construction cost rate and the additional construction cost in excess of the construction cost in progress by the defendant (=23,132,80 won for the term payment - 165,195,853 - Additional construction cost 12,693,486 won for additional construction cost) and the following day after the contract is cancelled.