1. Defendant B’s KRW 43,630,160 as well as 5% per annum from January 16, 2016 to January 18, 2017.

1. Facts of recognition;

A. On March 13, 2015, the Plaintiff entered into a construction contract with Defendant B, setting the contract amount of KRW 234 million (excluding value-added tax) and the construction period from April 1, 2015 to July 30, 2015 (hereinafter “instant contract”). The Plaintiff entered into a contract with the Korea Housing Corporation located in Yongsan-si (hereinafter “instant construction contract”).

The contents of the instant contract relating to the rescission are as follows.

In the terms and conditions of the instant contract, the term payment account is indicated as “the national bank C E”.

(Article 39(17). 31 [Cancellation, etc. of Contracts A (the Plaintiff in this case] ① “A” may cancel or terminate all or part of the contract in any of the following cases:

1. Where “B (Defendant B)” fails to commence construction even after the date of commencement agreed upon without any justifiable reason;

2. Where it is evident that the completion of construction works is not likely to be completed within the completion date due to the reasons attributable to "B".

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

(2) The cancellation or termination of a contract pursuant to paragraph (1) shall take effect by notifying “B” of the cancellation or termination of the contract when “B” is not performed within the time limit after setting the period for implementation of the contract in writing.

(3) The term "B" shall, upon receipt of the notice of cancellation or termination of a contract under paragraph (2), implement the following matters:

1. The relevant construction work shall be suspended without delay and all construction facilities, equipment, etc. shall be removed from the construction site;

2. Materials for payment pursuant to the provisions of Article 12;