1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 5, 2014, the Plaintiff (including value-added tax) determined and received a contract from the Defendant as construction cost of KRW 34,500,000 (including value-added tax) among the new construction works for multi-household housing (including apartment towers) on the third floor above Gyeonggi-si, Gyeonggi-do; and (hereinafter “instant construction works”).

(hereinafter “instant construction contract”). B.

In accordance with a special contract of the instant construction contract, the Plaintiff and the Defendant included all kinds of oil expenses, food expenses, transportation expenses, safety expenses, expendable materials, other than ready-mixeds and steel bars, and material expenses, labor expenses, and expenses including miscellaneous materials. The construction cost shall be paid with the completion of construction and the financial loans, and the Plaintiff shall submit a contract performance guarantee and a certificate of purchase of collateral insurance within two days after the contract is concluded, and the construction cost that the Defendant first handled is agreed to pay the remainder after the settlement of accounts.

C. The Plaintiff agreed to undertake the instant multi-household housing construction up to the third floor and rooftop. On January 14, 2015, the Plaintiff suspended the instant construction construction under the completion of the instant construction works, including the structural framed construction of the first floor, the concrete typology of the second floor, and the structural studreing construction.

On January 16, 2015, the Defendant terminated the instant construction contract on the ground that the Plaintiff failed to implement the instant construction contract and failed to take construction safety measures.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 through 6 (including partial numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion asserts that the Defendant is obliged to pay the sum of KRW 26,875,00,00 (including the Plaintiff’s wage), the total amount of wages of those parts invested in the instant construction, KRW 1,653,00, the materials cost of KRW 3,835,00, and the materials fee of KRW 6,225,00, and KRW 38,58,00,00.

B. If the determination of one contract is terminated due to the failure to complete the contract, the remuneration to be paid by the contractor shall be the total construction cost agreed between the parties, except in extenuating circumstances.