1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Facts of recognition

The plaintiff is a corporation established for the purpose of asset management and asset-backed securitization business, and the defendant is the representative of C (hereinafter referred to as C).

On September 2015, the Plaintiff entered into a construction contract with the Defendant on December 31, 2015, with respect to the approval of the tourist farm and civil engineering foundation and management Dong facilities construction as to the land owned by the Plaintiff (hereinafter “instant land”), and paid KRW 10,000,000,000 in total as the construction cost, on September 10, 2015, under the pretext of the construction cost.

The contract of this case No. 1 is stipulated as a special agreement that read "the rejection of approval for the tourist farm of this case or the refund of approval is made at the time of refusal of approval."

Around December 2015, the Plaintiff entered into a construction contract with the Defendant on January 15, 2016 (hereinafter “instant second contract”) under which the term of executing the new construction of a model housing unit is the contract for the construction of a new construction project (hereinafter “instant contract”) and paid KRW 5,00,000 as the down payment on December 8, 2015.

Since then, without the approval of tourist farm according to the instant contract, and construction under the instant contract No. 2 was not completed as scheduled, the Plaintiff failed to obtain permission for tourist farm business from the Defendant on August 17, 2016, and the Plaintiff incurred considerable mental and material damages due to the failure to perform construction works under the instant contract No. 2 at all, and thus, the Plaintiff’s cancellation of the instant contract No. 1, 200,000 won paid by the Plaintiff. Thus, the Plaintiff issued a certificate of content to the effect that the Plaintiff would return KRW 15,00,00

[Reasons for Recognition] In full view of the following circumstances, comprehensively taking into account the facts without dispute, Gap's entries in Gap's 1 and 234 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the evidence and the overall purport of the pleadings prior to the determination of the purport of the entire pleadings, each of the contracts in this case with the term of construction stipulated in the contract in this case and the contract in Article 1 and the contract in Article 2 until the time when the plaintiff notifies termination around August 2016