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. The plaintiff is a person engaged in construction business, manufacturing business, etc. under the trade name of "I", and the defendant is a person engaged in construction machinery leasing business, etc. under the trade name of "C".

B. On March 14, 2012, the Defendant entered into a sales contract with D Co., Ltd. (hereinafter “Nonindicted Company”) to purchase showers, etc. (hereinafter “instant mid-term”) established at the E site of Seoan-gu, Seoan-gu (hereinafter “instant contract”) with the purchase price of KRW 295 million (hereinafter “instant sales contract”).

C. Meanwhile, from March 17, 2012, the Plaintiff started dismantling and removing the instant mid-term season from around March 17, 201 and completed it one week.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 6, Eul evidence 2 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 14, 2012, the day of the instant sales contract, the Plaintiff asserted that the Defendant: (a) dismantled and removed the instant mid-term season to the Plaintiff; and (b) ordered the work of transporting it to the F site in Ansan-si designated by the Defendant to the construction cost of KRW 27 million; (c) around that time, the Defendant paid KRW 5 million as the down payment.

Accordingly, the plaintiff completed the process of dismantling and removing the mid-term season of this case, and completed all preparations for the transport of the mid-term season of this case, but it was impossible to transport the mid-term season of this case to the above safe field on the ground that the competent authority's approval was not granted to the above safe field.

However, this is because the transport work has not been completed due to the reasons attributable to the Defendant, who is the contractor, and the Defendant is obliged to pay the Plaintiff the total amount of the construction cost (=2.7 million won - 5 million won) and damages for delay for the above transport work completed.

B. Therefore, with respect to the conclusion of the contract between the Plaintiff and the Defendant regarding the removal, dissolution and transport of the mid-term season of this case, the health team and the Plaintiff first on March 2012.