All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is based on the reasoning of Paragraph 1 of the judgment of the court of first instance, and therefore cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment on the main claim

A. The summary of the Plaintiff’s assertion was known that the interior works for the Ada Pacc are essential, but the Defendant (agent C) demanded restitution in the former state. On September 27, 2017 and September 28, 2017, the Plaintiff expressed his/her intent to suspend construction and refuse to perform the contract.

Therefore, on October 16, 2017 due to the Defendant’s refusal of performance, etc., the Plaintiff cancelled the instant contract as the content certification and the delivery of a copy of the instant complaint. As such, the Defendant is obligated to pay to the Plaintiff the down payment of KRW 15 million with damages, and each damages for delay.

B. Determination 1) Where an obligor clearly expresses his/her intent not to perform his/her obligation, the obligee may cancel the contract or claim damages against the obligor on the ground of non-performance refusal without the obligor’s demand even before the due date is due under the principle of good faith. Whether the obligor clearly expresses his/her intent not to perform his/her obligation should be determined by comprehensively examining the parties’ behavior and specific circumstances before and after the contract (see, e.g., Supreme Court Decision 2005Da6337, Sept. 20, 2007). In full view of the aforementioned facts recognized and the overall purport of oral argument, the Defendant’s agent sent text messages requesting the Plaintiff to suspend the removal work on September 27, 2019, each of the goods indicated in [Attachment 2] items in [Attachment 2] during the process of removal (hereinafter “instant lost goods”), and the Plaintiff’s legal certification of the contents of this case was given to the Defendant on October 16, 2017.