A. On September 11, 2015, the Plaintiff entered into a contract with the Defendant for the construction of the LG Electronic Complex Distribution Center (hereinafter “instant construction”) in the amount of KRW 5.9 billion for construction cost (hereinafter “instant contract”) to be constructed in the amount of KRW 75-9,000,000,000, and entered into a special agreement as follows.

(1) Where it is deemed clearly impossible to appropriately perform construction works because the defendant fails to comply with the terms and conditions of the contract without justifiable grounds, the plaintiff may rescind or terminate all or part of the contract.

(2) Where any damage occurs to one of the parties to the contract due to the cancellation or termination of the contract due to the reasons under the above paragraph, the other party may claim such damage.

③ In order to guarantee the Plaintiff’s performance of the instant contract, the Plaintiff shall pay the contract bond equivalent to 10% of the contract price to the Defendant; Provided, That where the contract is rescinded or terminated due to the above paragraph (1), the Defendant shall return

B. Around the time of concluding the instant contract, the Plaintiff paid KRW 100 million to the Defendant as the contract bond, and ② paid KRW 179,496,320 to the Defendant for material expenses, personnel expenses, rents, and other expenses for the preparation of construction works under the instant contract.

C. After that, the Plaintiff was entirely unable to execute the instant construction due to the Defendant’s circumstances, and on January 27, 2016, the Plaintiff demanded the Defendant to return the contract bond and compensate for damages incurred due to the Defendant’s nonperformance of contractual obligations, but the Defendant did not comply therewith, and on October 19, 2016, expressed the Defendant’s intent to rescind the instant contract through the statement in the preparatory brief dated September 13, 2016, from the third date for pleading of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 41, witness Gap's testimony, purport of whole pleadings

2. Determination

A. The defendant's obligation to return the contract bond.