1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On July 20, 201, the Plaintiff entered into a contract with the Defendant for requesting the establishment of an online shopping mall site (hereinafter “instant website”) for the sale of goods (hereinafter “instant contract”) with the term “instant contract”) from July 20, 2011 to November 15, 2011, setting the service period as KRW 48,00,000 (excluding value-added tax), and paid advance payment of KRW 24,00,000 to the Defendant on July 25, 201.

B. On November 9, 2011, the Defendant did not proceed with the development of the instant website, and thus it was impossible to complete the instant website by November 15, 201, and requested the Plaintiff to extend the due date until November 201.

However, the Plaintiff refused to extend the due date, and the Defendant did not provide the service results under the instant contract.

The Plaintiff urged the Defendant to complete the instant website establishment service within the time limit, and notified on November 11, 201 and November 24, 201, that “The Plaintiff shall cancel the instant contract and seek payment of KRW 69,000,000 as an advance return and compensation for damages by November 30, 201.”

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant clearly stated that the Plaintiff was unable to perform its duty to build the web site of this case within the time limit stipulated in the instant contract and did not perform its duty to build the web site of this case. As such, the instant contract was lawfully rescinded by the Plaintiff’s notice of cancellation on November 24, 2011.

Therefore, the Defendant, as the restitution following the cancellation of contract, shall pay the Plaintiff the advance payment of KRW 24,00,000,000 and damages for delay at the rate of 20% per annum from August 10, 2012 to the day of full payment, which is the day following the delivery of the copy of the claim and the statement of cause modification of the instant case.