1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The Plaintiff is a company running the urban gas supply facility construction business, etc., and the Defendant is the owner of Pyeongtaek-si and one lot of land (hereinafter “the instant house”).

On January 19, 2012, the Plaintiff entered into a contract for the construction of urban gas facilities (hereinafter “instant contract for the construction of facilities”) with the Defendant stating that “the Defendant shall contract for the construction of urban gas facilities (hereinafter “instant contract”) with the term “the construction of urban gas facilities, including gas pipes (hereinafter “in-house pipelines”) from the main pipelines to the boundary of the instant house, gas pipes (hereinafter “in-house pipelines”), gas pipes (hereinafter “in-house pipelines”) in the instant housing site, and gas-use facilities (hereinafter “in-house facilities construction”) to contract for the construction of the instant facilities with the Plaintiff for the cost of KRW 2.1 million.”

(A) The instant facility construction contract contains the content that “the Defendant shall compensate for an amount equivalent to 30% of the construction cost in the event of failure or destruction of the said contract.”

On July 2017, the Plaintiff started the construction of some pipelines among the instant facilities construction in the latter part of the second half of the same year. However, the construction of the relevant urban gas supply facilities was suspended by the Defendant’s refusal of the construction of pipelines in the housing on the ground that the said housing would be reconstructed due to the deterioration thereof.

【In the second half of 2017, the Plaintiff asserted that there was no dispute regarding the establishment of the instant facility construction in accordance with the instant facility construction contract, but the Defendant refused the said construction without any justifiable reason and reversed the said facility construction contract.

Therefore, pursuant to the contract for facility construction of this case, the defendant shall pay the plaintiff damages amounting to 6.30,000 won (30% of the construction cost) and piping construction cost paid by the plaintiff.