1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Defendant, who runs a carpet franchise business under the trade name of “C” (i) the conclusion and termination of the construction contract, is the Plaintiff and the Defendant, who runs the construction business under the trade name of “D” around August 2014; the construction amount is KRW 55 million for the Plaintiff; and the construction period is determined from August 22, 2014 to September 21, 2014 for the construction period and “E store” (hereinafter referred to as “instant construction”).

2) The construction contract under the contract to contract (hereinafter “instant contract for construction”)

(2) The instant construction project was interrupted on or around September 2014, and the Defendant, around September 30, 2014, pursuant to the Plaintiff’s evidence No. 6-1 of the termination of the instant construction contract on the ground of the Plaintiff’s nonperformance of obligation, the Defendant notified the Plaintiff of “cancellation” but, in light of the nature of the relevant contract, deemed the “cancellation”.

The notice was given.

Since then, the defendant completed the construction of this case at his own expense.

B. 1) The Defendant paid the Plaintiff KRW 35 million as part of the price of the instant construction contract. 2) The Defendant directly paid KRW 2.5 million for the signboard construction cost included in the instant construction contract, and KRW 1.2 million for the interior wirs, respectively, to each construction business entity. The Defendant directly performed the instant construction contract, among the clients’ construction work included in the instant construction contract, the fact that the Defendant directly performed the instant construction work, and the mining work, is the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6-1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts the following.

1) [The main cause of claim] The Defendant did not notify the Plaintiff of the details of the instant construction work to be decided by himself (such as the design or color of household, signboard, etc.) at the time, and the Defendant could not complete the instant construction work within the completion period due to the Defendant’s fault, such as the suspension of the instant construction work at will by himself.

(b).