1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On June 10, 2016, the Plaintiff entered into a service contract for the construction of a Cmsung Foreign Department with the Defendant, as a person who operates Cmsung Foreign Department, with the following content:

(hereinafter “instant contract”). C

B. The Plaintiff paid KRW 11 million to the Defendant part of the instant down payment.

(F) KRW 500,000,000 on July 8, 2016, KRW 55 million on September 1, 2016).

On September 28, 2016, the Plaintiff sent to the Defendant a certificate of content that “I, despite having to complete the service by September 15, 2016 under the instant contract, would not complete the service until now.”

On October 10, 2016, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff notified the cancellation of the contract by deeming that the performance of the contract is impossible, as it is no longer possible, because it used the expression “copyright infringement, criminal complaint,” etc., even though it notified the Defendant of correction due to the failure to complete the service within the contract period, it did not go through the intention and correction of breach of the contract.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 5 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff did not complete the instant contract by September 15, 2016, which was the end date of the contract, and the Plaintiff notified the Plaintiff of the performance thereof on or around September 28, 2016, and even if a considerable period of time elapsed thereafter, the Defendant did not complete the performance of the obligation under the instant contract, and instead, the Plaintiff rescinded the instant contract on or around October 10, 2016.

Therefore, the defendant should return to the plaintiff the down payment of KRW 11 million.

B. The Defendant’s assertion that there was an implied agreement to extend the contract term during the instant contract process, but the Plaintiff was unable to complete the service within the contract period under the instant contract, and notified the rescission of the contract.