1. The defendant shall pay to the plaintiff KRW 30,00,000 and KRW 29,50,000 among them, from July 10, 2015 to the day of full payment.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 5.

The plaintiff is the owner of the DMoel in Dongjak-gu Seoul Metropolitan Government, and the defendant is a corporation that runs construction business, etc.

B. On August 20, 2014, the Plaintiff and the Defendant concluded a remodeling construction contract with the construction amount of KRW 310,000,000 (excluding value-added tax) and the date of completion of the construction work on November 29, 2014 (hereinafter “instant construction contract”); and the Plaintiff paid the Defendant KRW 30,000,000, out of advance payment, and KRW 1,000,000,000, respectively, from August 20, 2014.

Article 5(2) of the General Conditions of the Contract for the Construction Contract of this case provides that “A” (the Defendant) shall not use advance payment for any purpose other than that to achieve the purpose of the contract, and shall give priority to the payment of wages and the securing of materials.”

On the other hand, the instant construction contract states that KRW 31,00,000 in the first mid-term limit on September 15, 2014; KRW 31,000 in the second mid-term limit on September 22, 2014; KRW 31,000 in the third mid-term limit on October 6, 2014; KRW 62,00,000 in the fourth mid-term limit on October 13, 2014; KRW 62,00 in the fifth mid-term limit on October 13, 2014; KRW 62,00,000 in the fifth mid-term limit on October 20, 2014; KRW 17,000 in the construction project; KRW 40,000 in the remainder on October 27, 2014; and each of the remainder on the rooftop.

C. On September 18, 2014, the Plaintiff and the Defendant decided to revise the design modification and the scope of additional construction works for the instant construction project, thereby raising the scheduled construction cost from KRW 550,00,000 to KRW 600,000,00,00, and drafted a written agreement with the effect that the Plaintiff will perform interior works, such as household electric power plant, furniture, interest household, fixtures, and guest room management (hereinafter “instant agreement,” and its content “instant agreement”).

2. Summary of the parties’ assertion

A. The defendant claiming the return of the advance payment (i.e., the defendant).