1. The Defendant (Counterclaim Plaintiff) paid KRW 7,272,560 to the Plaintiff (Counterclaim Defendant) and its related amount from January 12, 2016 to January 18, 2018.

1. Facts of recognition;

A. On July 29, 2015, the Plaintiff entered into a contract with the Defendant and the Defendant to perform the removal and repair work of the factory located in Kimpo-si C, and the Plaintiff paid the construction cost of KRW 94,00,000.

B. On September 10, 2015, the Plaintiff agreed with the Defendant to increase the total construction cost of KRW 132,000,000 as the need for additional installation works for the elevator structure (hereinafter “instant contract”) and entered into a contract with the following contents (hereinafter “instant contract”).

1. Construction name: D Corporation;

2. 1) Commencement of construction period: The contract amount on September 25, 2015, which is completed on July 29, 2015; 132,000,000 won (excluding value-added tax).

4. The rate of penalty for delay: 02%/1 day.

5. Advance payment of KRW 40,000,000 intermediate payment of KRW 46,000,000 shall be paid on September 10, 2015;

Any balance shall be paid 10.2. Payment after the completion of construction.

The tax amount shall be 0.12. Payment.

C. The Plaintiff paid KRW 40,00,000 to the Defendant on August 10, 2015, and KRW 46,000 to the part payment of KRW 46,000 on September 11, 2015. The Defendant suspended construction under the instant contract on or around October 2015, and the Plaintiff sent to the Defendant a certificate of the content that the instant contract was terminated on the grounds of the discontinuance of construction and the return of the construction cost, etc., on or around November 2015, the Plaintiff sent to the Defendant a certificate of the content that the said contract was terminated on the grounds of the discontinuance of construction and the return of the construction cost,

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion that the construction work was discontinued by the Defendant’s progress of only 54.22% of the construction work of the instant contract. As such, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 71,570,400 (the construction cost of KRW 132,00,000, X0.5422) calculated by deducting the construction cost of KRW 132,570,000 (the construction cost of the instant case) from the fixed rate of KRW 86,00,000, and the remainder of KRW 14,429,60 from September 26, 2015, from September 27, 2015 to November 27, 2015, which is the day immediately following the completion date of the instant contract.

B. Determination 1.