1. The Defendant shall pay to the Plaintiff KRW 72,430,50 and the interest rate of KRW 15% per annum from October 7, 2016 to the day of complete payment.

1. Basic facts

A. On February 13, 2015, the Plaintiff signed a contract with the Defendant on February 13, 2015, setting the construction period from February 13, 2015 to April 30, 2015, the construction amount of KRW 291,50,000 as the construction amount per day for delay, and the construction amount of KRW 1/1,000 as the compensation for delay.

(hereinafter “instant construction contract”). B.

According to the above construction contract, the Plaintiff paid the Defendant a total of KRW 200 million, including KRW 50 million on February 17, 2015, KRW 6, and KRW 150 million on March 6, 2015, and KRW 150 million on March 9, 2015.

C. On May 26, 2015, the Defendant notified the Plaintiff of the discontinuance of construction works, and sent proof of the content seeking payment of KRW 47,594,449, which was not paid due to the weather failure.

The final appeal against the completed portion of the construction works by the defendant is equivalent to KRW 143,602,00 (less than KRW 50,000) with the construction cost exceeding 49.26% of the total process.

In the future, a period of 55 days is needed to complete the part of the work that the defendant has not completed.

[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, appraiser D's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cancellation or termination of the instant construction contract, the Defendant did not perform his/her obligations under the construction contract, such as seeking payment of construction price in excess of the estimated construction period and the Plaintiff, without completing the instant construction work upon the expiration of the scheduled construction period.

Therefore, the construction contract of this case is deemed to have been cancelled or terminated by being served on the defendant with a copy of the complaint of this case seeking the cancellation or termination of the construction contract of this case on the grounds of the defendant's default. Accordingly, the defendant asserted that the construction contract of this case was interrupted due to the plaintiff's fault, such as requesting the plaintiff to implement construction works without a written estimate under the defendant's burden.