A. On May 31, 2013, G and the Defendant: (a) concluded a contract with the Defendant that the Plaintiffs, who are co-owners of the Plaintiffs, paid the down payment of KRW 150,000,000 for the construction cost, with the payment rate of KRW 3/100 per day, within three months from May 31, 2013, the date of completion of the construction of the new construction of the farmland on the land outside D and four parcels of land (hereinafter “instant construction”); and (b) the Defendant paid the down payment of KRW 150,00,000 for advance payment (hereinafter “instant contract”).

B. At the time of the new establishment on June 3, 2013, the Plaintiff deposited KRW 260,000,000,000, total of KRW 300,000,000 in the name of H, which was the Defendant’s representative director, and KRW 150,000,000 in the G account, following the deposit of KRW 100,000,000 in the name of G; KRW 150,000,000 in the total of KRW 1,00,000, KRW 40,000, KRW 40,000 in the name of G; and KRW 140,000,00 in the name of G; KRW 140,000,000 in the aggregate of KRW 1,000,000 in the name of G; KRW 400,000 in the name of 0,000; and KRW 6300,000.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Eul evidence 15, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant contract was cancelled due to the Defendant’s failure to perform his/her duty due to the Defendant’s failure to perform the instant construction work properly, and thus, the Defendant sought reimbursement of KRW 150,000,000 as a down payment based on the instant contract that was paid to the Defendant on June 3, 2013, the Defendant received KRW 50,000,000, excluding KRW 150,000,000, out of KRW 300,000 deposited by the Plaintiff, as part of the G account in the name of G, excluding KRW 150,000,000, which was deposited by the Plaintiff. However, the remainder of KRW 100,000,000 is personal consumption, etc.