1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On November 13, 2015, the Plaintiff entered into a design contract with the Defendant who operates “C architect” on the terms of the contract amount of KRW 8 million (3 million at the time of the contract, KRW 3 million at the time of construction permission, KRW 2 million at the time of completion of approval for use), from November 13, 2015 to December 31, 2015, with respect to construction works newly constructed on the third floor above ground (hereinafter “instant first contract”). On December 10, 2015, the contract amount of KRW 6 million (2 million at the time of the contract, KRW 2 million at the time of construction permission, KRW 2 million at the time of completion of the contract, KRW 2 million at the time of completion of the contract, KRW 2 million at the time of completion of the construction permission, and KRW 3 million at the time of completion of the contract).

B. At the end of November, 2015, the Plaintiff paid KRW 1 million to the Defendant as the down payment of the instant contract No. 1,00,000,000 as the down payment of the instant contract, and KRW 1 million as the down payment of the instant No. 1 and 2 contracts on December 30, 2015, and KRW 2 million as the down payment of the instant contract No. 1 and 2 contracts on December 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant did not obtain a construction permit by the deadline for the contract term of the instant First Contract, and that the Defendant did not perform obligations under the instant First and Second Contracts, such as withdrawing the construction permit of the instant First and Second Contracts, etc., and thus, sought the return of KRW 4 million paid as the down payment.

In regard to this, the defendant agreed with the plaintiff to extend the contract term of the first contract of this case, and judged that the implementation of the first contract of this case would be improved by withdrawing the application and receiving the application again while supplementing the application for a building permit.