1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant on the principal lawsuit for the return of KRW 29,00,000 as advance payment and for the confirmation of ownership of corporeal movables listed in the separate sheet, and the Defendant filed a claim against the Plaintiff on the counterclaim. The first instance court rejected part of the claim for the return of advance payment during the principal lawsuit, dismissed the claim for the confirmation of ownership, and dismissed the counterclaim.

Since only the defendant appealed, the scope of this Court's judgment is limited to the part of the claim for return of advance payment and the part of the counterclaim.

2. Basic facts

A. The Plaintiff is a corporation established for the purpose of mechanical manufacturing business, gold-type manufacturing business, mechanical installation business, mechanical tallying business, etc., and the Defendant is the representative of the “C” of an individual entrepreneur engaged in electrical construction business.

B. On April 5, 2018, the Plaintiff received a written estimate from the Defendant for the 59,300,000 construction cost (including additional tax) with respect to the automated electrical equipment and program construction (hereinafter “instant electrical construction”) among the instant construction works from D (hereinafter “D”) and between the Defendant and the Defendant on the same day, the Plaintiff received a written estimate of KRW 58,00,000 for the construction cost (including advance payment 29,000,000, the remainder amount of KRW 29,000,000 for the supply and installation period (hereinafter “the instant construction”).

(C) On April 6, 2018, the Plaintiff paid KRW 29,000,000 to the Defendant as stipulated in the said contract. D. The Plaintiff confirmed that the part of lecocon, CCTV, and the temperature control was omitted among the instant electrical construction, and received a written estimate from the Defendant on May 10, 2018, stating the details of additional construction and the construction cost (6,028,70 won). However, on May 11, 2018, the construction price between the Defendant and the Defendant is KRW 58,00,000 (including additional tax).