1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a juristic person operating the business of manufacturing energy-saving facilities, and the defendant is a person operating the business of manufacturing industrial machinery, etc.

B. On April 15, 2013, the Plaintiff entered into a contract with the Defendant to contract the Defendant for the construction cost of KRW 275 million (including additional taxes) and the construction period from April 15, 2013 to May 10, 2013.

(hereinafter “instant construction contract” or “instant construction contract”). C.

The original and the Defendant had not completed the instant construction as scheduled, but had extended the construction period on May 23, 2013 by consultation, again extended on May 30, 2013, but the construction was not completed until then.

On May 31, 2013, the representative director of the Plaintiff urged the Defendant to work at the construction site of this case, and assaulted the Defendant’s employees, on the grounds of the above assault, etc., the Defendant taken the employees at the construction site and suspended work.

E. On June 4, 2013, the Plaintiff sent to the Defendant a content-certified mail stating that the instant construction contract will be rescinded as of May 31, 2013, and around that time, the said content-certified mail reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) The instant construction cost is KRW 275 million, and the Plaintiff paid KRW 164 million to the Defendant as the instant construction cost, and the Plaintiff paid KRW 169 million to the Defendant in order to complete the non-construction portion. At the time of the cancellation of the instant construction contract, the progress rate is KRW 32.4% or 57%, and the Defendant’s return of the construction cost to the Plaintiff is KRW 74.9 million or KRW 38.6 million as indicated in the attached Form. Meanwhile, the construction cost to be returned to the Plaintiff is KRW 164 million or KRW 38.6 million, excluding value-added tax, KRW 250 million,000,000,000 for the instant construction cost, excluding value-added tax, KRW 57 million,000,000,000, excluding value-added tax.