1. The Defendant (Counterclaim Plaintiff) paid KRW 50,527,726 to the Plaintiff (Counterclaim Defendant) and its related amount from March 11, 2017 to January 22, 2019.

1. Basic facts

A. On September 1, 2016, the Plaintiff entered into a contract for interior construction with the Defendant and Songpa-gu Seoul Metropolitan Government Cbuilding (D Care Center), setting the construction cost of KRW 677,00,000 (excluding value-added tax) for the entire five floors, as well as the period from September 20, 2016 to December 20, 2016.

B. On December 5, 2016, the Plaintiff entered into an additional construction contract (hereinafter referred to as “instant construction contract”) with the Defendant by December 5, 2016, setting the period of construction KRW 70,000,000 (including value-added tax) and by December 30, 2016.

C. Since December 21, 2016, the Plaintiff suspended construction work as a matter of payment of construction cost, the Defendant notified the Plaintiff that he would terminate the instant construction contract if he did not resume construction work within three days from February 3, 2017. The instant construction contract was terminated at that time because the Plaintiff did not resume construction work.

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings.

2. Determination on the main claim

A. The Plaintiff seeking construction cost under the instant construction contract seeks payment of KRW 76,403,026 to the Defendant based on the expiration of the instant construction contract.

According to the following: (a) the Plaintiff was performing construction works under the instant construction contract and suspended construction works around December 2016 due to disputes arising from the payment of construction expenses; (b) the Plaintiff’s failure to dispute; (c) the construction contract was terminated on February 2017; (d) the Plaintiff’s failure to perform construction works under the instant construction contract was 87.86%; and (e) the construction cost was 67,752,479 won [the construction cost was 67,00,000,000 won under the instant construction contract 94,40,50,500 won (“the construction cost was 677,00,000,000 won under the instant construction contract”); and (e) appraiser E’s appraisal results; and (e) the real amount of additional construction works to be deducted from the deduction portion under the instant construction contract to prevent double deduction due to the non-construction portion; and (e) the appraisal statement prepared by an appraiser (refer to less than 87.6%);