The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On June 20, 2016, the Plaintiff, a construction business operator, entered into a construction contract with the Defendant to build the Korea Housing Corporation (hereinafter “instant construction contract”) in the Hancheon-gun, Gyeongcheon-gun, Seoul (hereinafter “instant construction contract”).

The main contents of the instant contract are as follows.

Construction period: From June 25, 2016 to October 31, 2016, the contract amount: 84,000,000 won (excluding value-added tax) advance payment of KRW 50,000,000 (59.5%) progress payment: Prior payment at a fair rate;

b. (1) After completion of wood works (20%) 2) after completion of wood works and brick works (10%) 3) after completion of construction (10.5% after completion of works (10%)

B. On October 21, 2016, the Plaintiff and the Defendant agreed to extend the completion date of the instant construction to November 30, 2016, and the Plaintiff did not complete the instant construction by November 30, 2016.

C. On March 24, 2017, the Defendant sent to the Plaintiff a content-certified mail containing the content that the instant contract will be terminated if the instant construction is not completed by March 29, 2017.

On June 21, 2016, the Defendant paid the Plaintiff KRW 74,000,000, including KRW 50,000,000 on January 2, 2017, KRW 4,000,000 on January 25, 2017, KRW 5,000,000 on February 14, 2017, and KRW 74,00,000 on February 23, 2017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 6, purport of the whole pleadings

2. Determination as to the cause of action

A. On March 29, 2017, the Plaintiff asserted that the instant contract was terminated, around March 29, 2017, KRW 75% of the flag height of the instant construction. However, the part alleged by the Defendant was demanded to perform construction works regarding the part not included in the instant contract. As such, the instant construction was completed around March 29, 2017, which was at the time of termination of the instant contract.

Therefore, the Defendant’s remainder of the construction cost amounting to KRW 18,400,000 (=value 84,000,000 value-added tax of KRW 8,400,000 - interest rate of KRW 74,000) and damages for delay.