1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On May 27, 2012, C Co., Ltd. (hereinafter “C”) concluded a construction contract (hereinafter “instant construction contract”) with the Plaintiff on the condition that the construction period for the construction of the instant construction works for one parcel of land outside Sung-gu D (hereinafter “instant construction works”) was from May 27, 2012 to June 26, 2012; the construction amount was KRW 125 million with the contract amount being set at KRW 125 million with the Plaintiff.

(However, the plaintiff concluded the above construction contract under the name of his own type E, and himself stated it as E in the above construction contract. On the other hand, the defendant, the representative of C, guaranteed C's obligation under the above construction contract.

B. Article 14 of the Special Agreement on the Construction Contract of this case provides that “The payment of the construction amount may be settled from the total construction amount after the contractor directly pays to the material supplier (Provided, That the payment within the scope of the construction amount and the time specified in the contract shall be made).”

C. On July 20, 2012, the Plaintiff suspended the instant construction, and thereafter C completed the instant construction.

On the other hand, the defendant representing C around August 2, 2012 notified the plaintiff to cancel the instant construction contract.

[Grounds for recognition] The Plaintiff’s assertion of the purport of Gap’s 1, 5 evidence, Eul’s 1, 2, 6, and 13 evidence, witness F’s testimony, and the entire pleadings unilaterally ceased the instant construction work. Therefore, the Plaintiff’s revocation of the instant construction contract by delivery of a preparatory document as of June 13, 2016.

Therefore, C is obligated to pay the Plaintiff KRW 40,270,760, total of KRW 16,930,760, labor cost, KRW 19,740,00, and KRW 3,600,00, which are the expenses incurred by the Plaintiff for the instant construction, to its original state.

Therefore, the above 40,270,760 won and damages for delay shall be claimed against the defendant who is the guarantor of C.

Judgment

A. First, as to whether C unilaterally ceased the instant construction work, seems to correspond with it.