A. On January 6, 2012, the Plaintiffs agreed to establish a convalescent hospital on the land and its ground (hereinafter “the instant building”) of the YY E and three parcels in the Jeonnam-gun, the Defendants (F) and the interior works on the instant building (hereinafter “instant construction works”) were to be executed at KRW 600 million for the construction cost. In advance, the Plaintiffs concluded a contract for the interior works (hereinafter “instant construction contract”) to pay KRW 120 million for the supervision of light works, KRW 130 million for the supervision of light works, KRW 150 million for the supervision of light works, KRW 10 million for the supervision of light works, KRW 150 million for the supervision of other works, and KRW 100 million for the remainder (hereinafter “instant construction works”).

B. On January 11, 2012, the Plaintiffs paid to the Defendants KRW 50 million out of the aforementioned advance payment KRW 120 million pursuant to the instant construction contract under the instant construction contract.

Of the plaintiffs, the plaintiff A actually borne the above KRW 50 million.

C. On January 11, 2012, Defendant C arrived at the instant building to remove the instant construction, but did not perform the removal work with knowledge of the fact that facilities, such as the pipes, installed within the instant building by G, etc. were removed and destroyed (hereinafter “the instant theft accident”), and filed a theft report with the police station following the date.

The Defendants demanded the restoration of stolen facilities, etc. to the original state, and did not perform the removal work. The Plaintiffs also did not pay advance payment of KRW 70 million under the instant construction contract on the grounds that the Defendants could not pay advance payment in the absence of the removal work.

E. On April 9, 2012, Defendant C sent a content-certified mail stating that the contract is terminated when the procedures for restoring the original state and altering the purpose of use within the instant building do not proceed, as it is not possible for the Plaintiffs to restore the original state due to the instant theft accident. By the 15th day of the same month, Defendant C sent an advance payment of KRW 70 million,00,000 to the Plaintiffs.

[Reasons for Recognition] A.