1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 22,083,852 and KRW 19,608,504 among them.

1. Basic facts

A. On May 12, 2014, the Plaintiff entered into a contract with the Defendant for new construction of electric power resource C (hereinafter “instant construction contract”) with the terms and conditions as follows (hereinafter “instant construction contract”) with respect to the construction of electric power resource housing located in Nam-si (hereinafter “instant construction”) and contracted the instant construction to the Defendant.

(1) Construction period: From May 12, 2014 to October 12, 2014, the construction amount: (a) the payment method of remuneration of KRW 222,00,000 (excluding value-added tax): (b) the payment method of the contract amount of KRW 80,000 (excluding value-added tax): the payment method of the contract amount: (c) the payment method of the contract amount of KRW 80,000 per day upon the conclusion of the contract: the payment method of the project: the payment method of KRW 22,00,000 per day at the time of creative construction: 22,00,000 (4 construction delay rate: The payment method of the project shall be strictly made in accordance with the fair table; (d) the Plaintiff’s “damage determined” shall be deducted from the Defendant’s key; (d) the payment period shall be 1,000,000 per day after the completion of the project; and (e) the payment period shall be excluded from the act of force majeure.

B. The Plaintiff paid the Defendant the total amount of KRW 20,00,000 as the construction price under the instant construction contract on May 15, 2014; KRW 30,000,000 on May 29, 2014; KRW 10,000,000 on June 25, 2014; KRW 20,000,000 on June 30, 2014; KRW 30,000 on July 18, 2014; KRW 30,000,000 on July 30, 2014; KRW 15,000,000 on August 14, 2014; and KRW 10,000 on August 20, 2005; and

C. On August 15, 2014, the Defendant suspended the instant construction work on the following grounds: (a) the Plaintiff and the Defendant had a dispute over additional construction works and construction costs.

On September 25, 2014, the Defendant sent a notice to the effect that the construction will cease if the unpaid construction cost and the additional construction cost are not paid to the Plaintiff, and that the construction will continue after receiving the said construction cost.

E. On October 1, 2014, the Plaintiff sent to the Defendant a certificate of content that he/she would cancel the instant construction contract if he/she did not complete the instant construction project by October 12, 2014. At that time, the said certificate is proved to the Defendant.