1. The Defendant’s KRW 63,667,174 as well as the Plaintiff’s KRW 5% per annum from May 11, 2018 to March 12, 2020.

1. Basic facts

A. On September 18, 2017, the Plaintiff awarded a contract to the Defendant for the construction of a new house located in Gyeonggi-gun C and D (hereinafter “instant construction”) with the price of KRW 260 million (excluding value-added tax) and the construction period from September 18, 2017 to February 2018.

(hereinafter “instant construction contract”). B.

From September 18, 2017 to November 30 of the same year, the Plaintiff paid the Defendant totaling KRW 226 million to the construction cost.

C. As the Defendant ceased construction works in early 2018, on March 28, 2018, the Plaintiff notified the Defendant that the instant construction contract will be rescinded unless construction works are not carried out from April 2, 2018, or construction is completed by April 30, 2018, when demanding the Defendant to carry out construction works by content-certified mail.

On April 9, 2018, the Plaintiff sent a notice to the Defendant that the instant construction contract will be rescinded by content-certified mail on the grounds of the Defendant’s nonperformance of obligation, and the said notice reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) The enhancement rate of the construction work of this case is 65.35%, and the amount of the construction work of this case is 186,901,00 won (i.e., KRW 286 million x 65.35%). The Plaintiff paid KRW 226 million as the construction work price. As the Plaintiff paid KRW 39,09,000 (i.e., KRW 226 million - KRW 186,901,000), the Defendant shall return the amount of KRW 20,562,594 won as compensation for damages in lieu of the defect repair. (ii) The Defendant shall return the amount of KRW 20,562,594 as compensation for damages.

3. Since the Defendant delayed the instant construction work and did not complete or deliver it by the agreed deadline, the object of the construction work is from April 1, 2018 to March 31, 2019, the period during which the Plaintiff could request another business entity to complete the construction work after completing the on-site investigation by the appraiser E.