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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 and 5 and the entire purport of the pleadings:
On May 30, 2014, the Plaintiff: (a) concluded a contract with Defendant (Co., Ltd.) for the new urban housing construction project located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government; (b) from July 1, 2014 to November 30, 2014; (c) KRW 4 million per average construction cost; and (d) advance payment KRW 100,000,000.
(hereinafter referred to as the “instant construction”) B.
The Plaintiff paid the Defendant KRW 59,971,00 on June 20, 2014 as the advance payment of the instant construction work, and KRW 20,000,000 on July 25, 2014, in total, KRW 79,971,00.
C. The Plaintiff and the Defendant agreed to rescind the instant construction contract on October 31, 2014.
2. The assertion and judgment
A. 1) Since the Plaintiff’s claim for the instant construction contract was cancelled, the Defendant returned the remainder after deducting the amount used for the instant construction project from the Plaintiff’s advance payment. However, the Defendant’s money used for the instant construction project is merely KRW 3,500,000, and the Defendant must return KRW 76,471,000 to the Plaintiff. 2) According to the evidence No. 1 of the judgment, the Plaintiff and the Defendant may claim the return of the remainder of the instant construction contract where the construction contract is cancelled or terminated after the Plaintiff paid advance payment under the general conditions of the construction contract when entering into the instant construction contract, and the remainder of the advance payment should be appropriated first (Article 10(5) and (6) if there is any amount unpaid as to the completed portion at the time of the request for return (Article 10(1)), and the construction cost should be settled upon the termination of the construction contract (Article 33(1)).