1. The Defendant’s KRW 3,690,000 as well as the Plaintiff’s annual rate of KRW 5% from August 4, 2017 to November 15, 2018.

1. Facts of recognition;

A. On October 19, 2015, the Plaintiff entered into a construction contract with the Defendant and the Defendant for the construction of housing on the land B at Kimpo-si, and paid 180,458,000 won to the Defendant as the construction cost (excluding value added tax), but KRW 21,203,20 on the date of the contract, KRW 14,88,40 on the first intermediate payment, KRW 108,274,80 on the date of the commencement of the construction work, and KRW 108,274,60 on the second intermediate payment, and KRW 36,091,60 on the remainder at the time of completion of the construction work, and the expected date of occupancy was set at six months after the commencement of the construction work.

(hereinafter referred to as “instant contract”). (b)

The Plaintiff paid KRW 21,203,200 on the date of the contract, KRW 26,00,000 on August 30, 2016, and KRW 47,00,000 on December 23, 2017, totaling KRW 94,203,200 on the date of the contract, to the Defendant as part of the contract price.

However, the Plaintiff and the Defendant finally postponed the scheduled occupancy date of the instant contract by December 31, 2016.

C. On June 8, 2017, the Plaintiff notified the Defendant that the instant contract was terminated on the grounds that the Defendant had failed to complete the construction of housing by the scheduled occupancy date, on the grounds that the completion of the construction was delayed by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including paper numbers), Gap evidence 7 (including paper numbers), Gap evidence 8, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion: (a) sold, July 30, 2016, an apartment house located in Kimpo-si, Kimpo-si, where the Plaintiff had been residing, with the Defendant’s initial scheduled occupancy date; (b) sold the apartment house in Kimpo-si, where the Plaintiff had resided; (c) on account of the Defendant’s delay in construction works under the instant contract, the Plaintiff leased the house to be resided and stored the household, etc., which was inevitable due to the Defendant’s delay in construction works; (d) the Defendant leased the house from September 2016 to June 30, 2017; (e) the Plaintiff’s total of KRW 4,050,000 paid by the Plaintiff until June 30, 2017 (x9 months) and the total of KRW 1,485,00