기타(금전)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 4, 2012, the Plaintiff entered into a contract with the Defendant under which the construction cost of D Child Care Centers in Daejeon-gu is KRW 180,00,000 and the construction period is set from April 2012 to June 2012 (hereinafter “instant construction contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 24,00,000 on the same day, and paid KRW 1,00,000 before entering into the contract.
[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the construction of a child care center of 60 square meters may accommodate 49 children, but this study revealed that 60 children could not accommodate 49 children as a result of the relevant administrative agency's investigation. In addition, the Defendant, after the construction contract of the instant case, knew that only the construction business operator with a comprehensive construction license would be allowed to newly build a child care center on April 201, 201, and he/she was registered as a management director of the E comprehensive construction license. Although the Plaintiff proposed to promptly prepare a contract under the E comprehensive construction name and start a new construction work, the Plaintiff continued to refuse the construction contract of this case around May 2012, and the Plaintiff started to operate a child care center on November 1, 2012 after cancelling the construction contract of this case and completing the construction contract again with the new constructor around October 19, 2012.
Inasmuch as the instant construction contract was rescinded by the Defendant’s nonperformance, the Defendant is due to the operation of child care centers in two places, including KRW 25 million, such as the down payment, etc. that was paid to the Plaintiff due to the cancellation of the contract, and the monthly rent of KRW 2.6 million for four months from July 2012 to October 10 of the same year (=650,000), which was after the original construction period (i.e., KRW 657,80,000), 5,737,800 won, and