1. The Defendant’s KRW 2,479,840 as well as the Plaintiff’s annual rate of KRW 6% from March 31, 2017 to August 29, 2019.

1. Basic facts

A. The Plaintiff is the owner of the 3rd floor building on the ground C, Chungcheongnam-gun, Chungcheongnam-do, that was used as a bath (hereinafter “instant building”).

B. On May 6, 2016, the Plaintiff awarded a contract with the Defendant (mutual name: E) for the construction work to remove the second floor of the instant building and remodel it to the studio and studio (hereinafter “instant second floor construction work”) at the cost of KRW 90 million.

Accordingly, the Plaintiff paid to the Defendant a total of KRW 90 million on May 19, 2016, KRW 30 million, KRW 40 million on June 2, 2016, and KRW 20 million on June 20, 2016.

C. While the instant second floor construction is underway, the Plaintiff ordered the Defendant to remove the sugar of the first floor of the instant building, change the purpose of use into a parking lot, and obtain relevant authorization and permission (hereinafter “instant first floor construction”). Accordingly, on August 8, 2016, the Plaintiff paid KRW 50 million to the Defendant (the amount including the instant construction cost of KRW 40 million and the cost of installing the first floor construction cost of KRW 10 million).

D A around January 2, 2017, around January 2, 2017, paid KRW 5 million to the Defendant’s wife F, and KRW 3 million to the Defendant on February 7, 2017.

E. The Defendant failed to undergo a completion inspection on the instant building by March 23, 2017, which was the date of filing the instant lawsuit.

Meanwhile, on March 30, 2017, a duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to rescind the construction contract for the building of this case reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4, obvious facts in records, the purport of the whole pleadings

2. Determination on the claim for return of advance payment

A. The plaintiff's assertion 1 of the parties' assertion entered into a construction contract on actual expenses settlement terms relating to the instant 1st floor construction project, and paid a total of KRW 48 million to the defendant, but the plaintiff rescinded the construction contract, and actually invested expenses in the instant 1st floor construction project.