1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. On December 23, 2014, the Plaintiff church contracted the Defendant for the construction work of “recording, video, lighting equipment” (hereinafter “instant construction work”) among the construction works of the Allied Association at the time of the Plaintiff church’s new construction work with the total cost of KRW 160,233,000.

(hereinafter “instant construction contract”). B.

As the construction cost under the instant construction contract, the Plaintiff paid KRW 46 million to the Defendant, including ① KRW 5 million on December 24, 2014, ② KRW 10 million on January 8, 2015, ③ KRW 10 million on June 4, 2015, ④ KRW 20 million on August 12, 2015.

C. On December 15, 2015, the building that was newly built by the Plaintiff church was subject to the disposition of approval for use on the said building.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 6 and 11 (including branch numbers, if any); plaintiff's assertion of the purport of the whole pleadings

A. The Defendant did not pay the construction cost to the subcontractor without performing the instant construction work.

Accordingly, on November 17, 2015, the Plaintiff and the Defendant agreed to rescind the instant construction contract and decided to perform the instant construction work.

B. Therefore, the Defendant shall refund the Plaintiff the KRW 46 million paid by the Plaintiff as the payment for the construction work. Therefore, the Defendant is claiming for the payment of the above KRW 46 million and the damages for delay.

Judgment

A. The termination of an agreement is a new contract, regardless of whether the right of rescission exists, which requires the parties to the agreement to terminate the validity of the existing contract by mutual agreement and return it to the same state as that in which the contract had not been concluded initially. In order to cancel the agreement, the agreement requires mutual agreement, like the formation of the contract, which requires mutual agreement (agreement). In order to establish the agreement, the content of the agreement expressed by both parties must be objectively consistent.

(see, e.g., Supreme Court Decision 2010Da77385, Feb. 10, 2011). B.

The above legal principles.