A. The Plaintiff is a corporation established for the purpose of architectural interior fishery, etc., and the Defendant is a corporation established for the purpose of housing construction business, etc.

B. On March 2014, the Plaintiff entered into a contract with the Defendant for the repair works of the Gangnam-gu Seoul Building A (hereinafter “instant building”) and the construction works of the outer team and Changho Lake (hereinafter “instant construction works”) to be executed by the Defendant (hereinafter “instant contract”) by determining that the Defendant will pay the amount calculated by subtracting advance payment out of the total construction cost at 70% of the total construction cost when the project is not carried out (hereinafter “instant contract”). < Amended by Act No. 12726, Apr. 21, 2014; Act No. 12554, Aug. 30, 2014; Act No. 342,100,000 (including value-added tax), advance payment of KRW 150,00,000,000, and the first progress payment of construction cost.

Then, the Plaintiff and the Defendant drafted a contract with the aforementioned content around August 2014, and the date of preparation was April 1, 2014.

C. On April 4, 2014, the Plaintiff paid 165,000,000 won to the Defendant under the pretext of advance payment (including value-added tax), and the Defendant subsequently proceeded with part of the instant construction work.

On August 2, 2014, the Defendant claimed KRW 74,470,00 for the first time completion payment under the instant contract to the Plaintiff. On August 14, 2014, the Plaintiff, on the ground that the Defendant did not submit the details of the advance payment to the Defendant and filed a claim for the advance payment without fulfilling the advance payment, and sent content-certified mail claiming the return of the advance payment.

In addition, the defendant received it around that time.

E. Meanwhile, the contract of this case is agreed upon as follows with respect to the cancellation of the contract of this case.

Article 31 [Cancellation, etc. of Contracts by the plaintiff] (1) In cases falling under any of the following subparagraphs, the plaintiff may cancel or terminate all or part of the contract:

1. The Defendant did not commence the construction even after the date of commencement agreed upon without any justifiable reason.