2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is engaged in Do and retail business with the trade name D in Gangnam-gu Seoul Metropolitan Government C building.

B. On December 3, 2015, between E and E, the Plaintiff entered into a contract for the execution of the instant C-A-building’s media typhoid view (including value-added tax) and the execution period from December 3, 2015 to December 22, 2015.

However, on December 4, 2015, E was unable to issue a performance guarantee insurance policy, and E concluded the same contract again in the name of the defendant.

(hereinafter “instant contract”). C.

On December 3, 2015, the Plaintiff paid the down payment of KRW 42.9 million to E, but returned the down payment to change the name of the contract, and again paid the down payment to the Defendant KRW 42.9 million.

[Ground of recognition] Each entry of Gap evidence 1 and 2 (including a provisional number number for those with a separate number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s contract of this case is a regular act, and the Defendant did not perform all the obligations under the instant contract.

The Defendant concluded the instant contract even though it did not have the ability to execute the instant construction work.

The contract of this case is rescinded for delay of performance and impossibility of performance in the defendant's regular act.

The return of the down payment paid as the restitution according to the cancellation of contract shall be claimed.

B. It is difficult to issue a guaranty insurance policy under the name of E, which entered into the original contract with the Defendant, and it is difficult to conclude a contract by changing it under the Plaintiff’

The plaintiff unilaterally notified the termination of the contract and requested the resumption of the contract, and notified the termination of the contract unilaterally.

The Plaintiff’s rescission of contract on the ground of the Defendant’s nonperformance is unlawful.

There is no money to be refunded when deducting the defendant's damages.

3. Determination Gap evidence No. 3, Eul evidence No. 2, and witness F's testimony added to the whole purport of the pleadings. ① The plaintiff contact F with F and establishes a ED landscape lighting for three times.