계약금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On March 2, 2018, the Plaintiff, a construction business operator, consulted on the construction and construction of a new building on the ground D in Seocheon-si, and the Plaintiff and the Defendant, by May 2, 2018, decided to complete the construction after obtaining permission for the commencement of the construction of the above building.
B. On March 5, 2018, the Plaintiff first paid KRW 10,000,000, out of KRW 20,000 for the permission to start a building to the Defendant as contract deposit, and the remainder KRW 10,000,000 was paid at the time of the completion of the construction in the future.
C. On March 5, 2018, the Defendant entered into a design contract of KRW 30,00,000 (value-added tax separate) with an architect F, a representative of E Co., Ltd. for the new construction of “D shop house”. On the same day, the Defendant transferred KRW 10,000,000 to an account in the name of F.
On March 25, 2018 and April 9, 2018, the Plaintiff discussed the architect F with the Defendant on his/her design. D.
However, since then, the Plaintiff decided to temporarily extend the construction of a building due to the concern about the burden of loan due to the invasion of the real estate market and the public room for commercial buildings, and decided to obtain only the commencement permission for the building, and notified the Defendant thereof, and requested the preparation of a written contract therefor.
E. Accordingly, the Defendant, on April 21, 2018, notified the Plaintiff that he/she suspended the outsourcing design once, requested the Plaintiff to determine a reasonable solution for the construction work. On April 22, 2018, the Plaintiff sought the return of the down payment of KRW 10,000,000 to the Defendant to the effect that it is difficult to understand the preparation of the said contract on April 22, 2018. On the same day, the Defendant proposed that the Plaintiff refund only KRW 5,00,000, out of the design drawings, administration drawings, etc. arising from design work, and only KRW 10,000,000 to the Plaintiff on the same day. However, on April 23, 2018, the Plaintiff cannot be recognized on the ground that the Defendant first reversed the contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1 to 4, and arguments.