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 February 20, 2009, the Plaintiff entered into a contract with the Defendant on February 20, 2009 under which the scope of the construction work is “construction and interior construction based on building permit drawings”, the construction period is from February 20, 2009 to July 10, 2009, and the construction amount is KRW 1.2 billion (hereinafter “instant construction contract”). Of the construction cost, the Plaintiff paid part of the construction cost.

B. However, the instant construction contract was terminated between the Plaintiff and the Defendant, and the Defendant paid to the Plaintiff KRW 10 million on July 20, 2009, and KRW 110 million on July 27, 2009, which was paid by the Plaintiff, and returned to the Plaintiff the total amount of KRW 10 million out of the construction cost paid by the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff paid KRW 170 million to the defendant of this case, and that the defendant prepared a notarial deed stating that he would pay KRW 410 million to F and D, who performed the structural construction work of this case, and that the plaintiff should pay KRW 410 million to the plaintiff of this case. Since the plaintiff revoked the construction contract of this case or the contract of this case was terminated by agreement, the defendant is obligated to pay KRW 60 million to the plaintiff of this case, excluding KRW 110 million,000,000,000,000 which was already returned to the plaintiff, among the construction cost of KRW 170,000,000,000,000,000,000 won, as part of which

(B) The Plaintiff asserted that the construction price paid to the Defendant is KRW 150 million, and only the grounds for the cancellation of the construction contract are grounds for the repayment of the construction price, but the construction price paid to the Defendant in the trial at the trial is KRW 170 million, and the Plaintiff asserted the cancellation of the agreement in addition to the cancellation of the construction contract.

The construction cost that the defendant alleged by the defendant was paid by the plaintiff is KRW 130 million, and the construction contract of this case is the plaintiff around July 2009.