1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On November 25, 2014, the Plaintiff entered into a contract with the Defendant to enter into a contract for the contract for the construction cost of KRW 30 million (a separate payment of value-added tax, advance payment, intermediate payment, and remainder payment of KRW 10 million each), and the construction period from November 27, 2014 to December 22, 2014 (hereinafter “instant construction contract”).

B. The Plaintiff paid the Defendant KRW 25 million in total, including the construction cost of the instant construction contract, around November 25, 2014, KRW 10 million, around December 4 of the same year, and KRW 5 million around December 18 of the same year.

C. On December 25, 2014, the Defendant discontinued the instant construction without completing it, and thereafter the Plaintiff completed the remaining construction at his own expense.

[Reasons for Recognition] Unsatisfy, Gap's statements or images, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant had to faithfully perform and complete the instant construction work, but failed to complete most of the process, and caused damage to the Plaintiff by arbitrarily suspending the instant construction work. At the time the Defendant discontinued the instant construction work, the Defendant was about 30% at the time of suspending the construction work.

Therefore, the Defendant is obligated to refund the amount of KRW 16 million calculated by deducting the construction cost of KRW 9 million from KRW 25 million, which the Plaintiff paid to the Defendant due to nonperformance of obligation, and KRW 30 million from KRW 16 million.

B. In the event that a contract for construction work is terminated or terminated halfway, the contractor is obligated to return the unpaid amount to the contractor, as a matter of course, if there is any advance payment, which is appropriated for the unpaid construction cost, even if there is no separate set-off declaration, barring any special circumstances.

At this time, the construction cost corresponding to the interest rate is actually paid by the contractor.