1. The Defendant’s KRW 46,848,30 for the Plaintiff and KRW 5% per annum from February 1, 2013 to November 25, 2014.

1. Basic facts

A. On August 30, 2012, the date on which the Plaintiff commenced the construction work for piling up stone of the C Center (hereinafter “instant construction work”) from the Defendant on the land outside B and one parcel outside Jeju in Jeju (hereinafter “instant construction work”): (a) concluded a contract under which the Plaintiff receives the instant construction work at KRW 111,60,000 (hereinafter “instant construction contract”) on September 10, 2012; (b) October 15, 2012 as of the date of completion; (c) electric Stockpiling base 2,000 Hague; (d) 1:0.5 (1m per one meter); and (e) construction cost at KRW 111,60,000 (hereinafter “instant construction contract”).

B. On November 15, 2012, the Defendant notified the Defendant that the instant construction contract was terminated on the grounds that the Plaintiff had delayed the instant construction work, and up to that time, the construction cost due to the period of the construction work performed by the Plaintiff was KRW 69,648,300.

C. The Defendant paid 22,800,000 won to the Plaintiff out of the construction cost of this case until now.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, 3, 6, 10, Eul evidence 1-1, 2-2, and appraiser D's appraisal result, the purport of the whole pleadings.

2. Determination

A. The plaintiff asserts that the defendant is obligated to pay to the plaintiff the amount of KRW 69,648,30, and the amount of KRW 16,601,860, and the amount of KRW 86,250,160 for the original construction of the instant construction project and the amount of KRW 69,648,300, and the amount of KRW 16,60 for the retaining wall construction of the access road of the instant land E and B (hereinafter "the retaining wall construction").

In this regard, the defendant has asserted that he paid KRW 22,800,000 among the construction cost of this case.

B. According to the above facts finding as to the claim of KRW 69,648,30 for the construction cost of the instant construction project, the Defendant is obligated to pay KRW 69,648,300 for the construction cost of the instant construction project to the Plaintiff, while on the other hand, the Defendant is obligated to pay KRW 22,80,000 for the construction cost of the instant construction project, which is the repayment of KRW 22,80,000,000 for the construction cost of the instant case, and the Defendant is obligated to pay the aforementioned repayment amount of KRW 46,848,30, and the delay damages therefor. The Defendant’s defense for repayment is with merit, and the Plaintiff’