1. The Defendant (Counterclaim Plaintiff) paid KRW 24,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from September 3, 2016 to the date of full payment.

1. Facts of recognition;

A. The Plaintiff is a person who operates D Kindergartens located in Busan Shipping Daegu C (hereinafter referred to as “instant kindergarten”).

B. On April 6, 2016, the Plaintiff entered into a contract with the Defendant to provide consultation, design, and supervision with respect to the instant kindergarten (excluding value-added tax) and entered into a contract with the Defendant for consultation, design, and supervision with regard to the instant kindergarten. On the same day, the Plaintiff entered into a contract with the Defendant for remodeling of outer walls and asbestos removal construction in relation to the instant kindergarten (excluding value-added tax) by setting the contract amount of KRW 35 million

(hereinafter referred to as "each of the above contracts" is referred to as "the contract of this case").

On April 7, 2016, the Plaintiff paid a total of KRW 24 million as the advance payment under the instant contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 and 4, entry of Eul evidence 2, purport of whole pleadings

2. The parties' assertion

A. The terms of the contract of this case include obtaining authorization to increase the number of young children from 168 to 195 in addition to obtaining authorization to increase the number of classes of this case operated by the Plaintiff from 6 to 8 classes.

Since then, it was confirmed that it is not possible to increase the number of young children from the competent authorities, and the plaintiff was notified that the contract of this case will be cancelled.

Although the instant contract was concluded on the premise of an increase in the number of young children, it became impossible for the Defendant to implement the instant contract by failing to do so, and the Plaintiff cancelled the instant contract, so the Defendant is obligated to return the amount of KRW 24 million to the Plaintiff.

Even if the increase in the number of young children is not a content of the contract of this case, the Plaintiff may rescind the contract of this case, which is the contract before the Defendant completes the work, pursuant to Article 673 of the Civil Act. Thus, the Defendant is obligated to return KRW 21 million after deducting the Defendant’s damages from the advance payment of KRW 24 million (=24 million - three million).

The plaintiff seeks the payment of the above amount through the principal suit.