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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.
Reasons
1. The reasoning for the court's explanation on this part is that the part of "1. Basic Facts" among the reasons for the judgment of the court of first instance is the same as the part of "1. Basic Facts" among the reasons for the judgment of the court of first instance, in addition to the fact that "(s) No. 2, No. 2-1, and No. 2-2, and the purport of the whole pleadings" is "(s) of the judgment of the court of first instance". Thus, this part is
2. The parties' assertion
A. Plaintiff 1) The Plaintiff completed the design drawing under the instant contract, and the Defendant unilaterally reversed the contract and breached the contract. 2) In addition, even if the instant contract is deemed to have been rescinded, the Plaintiff is obligated to pay KRW 5 million under the instant contract.
3) Therefore, the Defendant is obligated to pay the Plaintiff KRW 55 million as damages, etc.
2. Since the Plaintiff did not create the service result at the time of rescission of the agreement of this case, the Plaintiff’s assertion based on this premise is without merit.
3. Determination
A. As to whether to cancel a contract, the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of pleadings, on each statement or image of Gap evidence Nos. 1 and Eul evidence Nos. 3 through 7 (including branch numbers), were sent to the Plaintiff by the Defendant’s employee first sent a drawing on the apartment site on June 19, 2015, and on July 19, 2015, he/she sent to the Plaintiff a notice of his/her intention to carry out the design for the artificial park. On August 10, 2015, he/she sent the file requested by the Plaintiff on August 12, 2015, with reference to the field of the North Korean PteO on August 10, 2015. As seen earlier, the Plaintiff and the Defendant did not send any data, design drawings, etc. to each other except for the Plaintiff and the Defendant who sent them to the Plaintiff on August 11, 2015 after the instant contract was concluded.