The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On November 2019, the Plaintiff and the Defendant made the Plaintiff as the contractor and the Defendant as the contractor, and entered into a contract for the construction of the instant construction project (hereinafter “instant construction contract”) on the first floor located C, including the interior, etc. of the contractor and the Defendant. The main contents are as specified in the attached contract.

B. The Plaintiff received advance payment under the instant construction contract from the Defendant, and thereafter, the Plaintiff and the Defendant were deemed to have terminated the contract on December 15, 2019, and the Plaintiff had the number of persons and equipment installed at the construction site and received them. Meanwhile, the Defendant additionally paid the Plaintiff KRW 10 million to the construction cost prior to the rescission of the said contract.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The assertion and judgment

A. On December 15, 2019, the Plaintiff completed construction at least 90% at the time of rescission of the contract. As such, the Defendant is obligated to pay the Plaintiff the total of KRW 60 million out of the intermediate payment of KRW 40 million and the remainder of the construction contract of this case as above, and the Defendant paid KRW 10 million to the Plaintiff. However, the Defendant paid only the intermediate payment of KRW 55 million (50 million (the above KRW 60 million - the already paid KRW 10 million) and delay damages in consideration of the Plaintiff’s defect in the construction contract of this case as well as the Plaintiff’s defect in the construction contract of this case.

B. Based on the judgment, the Plaintiff asserted that the type and content of the construction work under the instant construction contract, the amount of construction work paid by the Defendant to the Plaintiff, and the Plaintiff’s content-certified mail sent to the Defendant around December 23, 2019 is 85%.