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. Basic facts

A. The Plaintiff is the owner of the housing building of 2nd floor above Jongno-gu Seoul Metropolitan Government (hereinafter “instant housing”) and the Defendant operates the remodeling and interior construction business with the trade name “D”.

B. On March 2019, the Plaintiff planned to implement remodeling works for the instant housing, and requested the designer E to produce design drawings. E introduced the Defendant as the main contractor based on the aforementioned design drawings.

C. On March 14, 2019, the Defendant prepared a written estimate of KRW 115,800,000 ( KRW 44,400,000 for interior remodeling of the first floor housing, KRW 41,400,000 for interior remodeling of the second floor housing, and KRW 30,000 for outside remodeling of the housing) and presented it to the Plaintiff.

On March 25, 2019, the Plaintiff and the Defendant drafted a written contract for construction with a construction period of KRW 10,000,000 and the construction cost as official space. On the same day, the Plaintiff paid KRW 10,000,000 to the Defendant.

E. On March 27, 2019, the Defendant re-written a written estimate of KRW 129,300,000 (in total, KRW 51,60,000, KRW 47,700,000, KRW 30,000, and KRW 30,000,000, and KRW 129,30,000, and were presented to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since the plaintiff and the defendant did not enter into a contract for housing remodeling works, the defendant is obligated to pay 10,000,000 won equivalent to the down payment received from the plaintiff, and legal interest and delay damages therefrom.

B. Even if the conjunctive claim was asserted, the Defendant, even if the contract was concluded, had deceiving the Plaintiff as to the total cost of construction and profit computed by the Defendant, so the Plaintiff cancelled the said contract in accordance with Article 110(1) of the Civil Act, and the Defendant.