1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff, around July 2017, means the work of construction of each damp-gu D Commercial Building Construction Works (hereinafter “D”) on the floor among the Defendants related to the Dong business and the Suwon-si E-gu Seoul Metropolitan Government Construction Works (hereinafter “E Corporation”) and construction of new apartment buildings (hereinafter “E Corporation”) on the floor and construction of each damp-gu E-building work, etc. on the floor and tar or without knowledge between them.

The contract to subcontract (hereinafter “instant contract”) part of the construction work (hereinafter “instant construction work”) was concluded verbally.

B. After entering into the instant contract, the Defendants performed the instant construction work, and the Plaintiff paid KRW 53,200,000 as the construction price from July 19, 2017 to December 12, 2017.

C. On December 24, 2017, the Plaintiff and the Defendants paid the construction cost of KRW 21,849,500 with the Defendants. Upon the Defendants’ arrival at the D construction site on December 27, 2017, the Defendants paid the said money to the Defendants.

However, the Defendants did not perform the construction work due to the environmental change due to weather conditions and the increase in construction costs, and left the above site on December 29, 2017.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 5 (including a branch number, if any; hereinafter the same shall apply), witness F, and G’s testimony, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff (1) had the Defendants completed the instant construction and received KRW 21,849,500 from the Plaintiff as advance payment, but did not perform the instant construction from December 27, 2017, and expressed its intent to refuse to implement the instant construction. The Plaintiff expressed his intent of rescission on the ground of the Defendants’ refusal to implement the said construction through the preparatory document dated March 13, 2019. As such, the instant contract was rescinded upon the arrival of the said preparatory document.

② The Plaintiff paid the Defendants a total of KRW 75,049,50 (i.e., KRW 53,200,000 up to December 12, 2017) as advance payment, as the construction cost of the instant construction project was paid to the Defendants (i.e., KRW 21,849,500, Dec. 27, 2017).