1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account each entry and whole purport of the pleading between Gap and Eul (including a branch number if a branch number is available):

Around May 2014, the Plaintiff entered into a design and construction contract (hereinafter “instant contract”) with the Defendant, who used the representative name of the E architect office, to construct a building on the second floor above the ground (hereinafter “instant building”) on the ground of 469 square meters in Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant construction”). As to the construction of the instant building, the Plaintiff concluded a design and construction contract (hereinafter “instant contract”) by setting the total construction cost as KRW 310,00,000,000 and the construction period as at the end of November 2014, by setting the construction cost to be KRW 310,000,000 and the construction period (hereinafter “instant construction contract”).

(The later construction period was extended by June 20, 2015). (B)

On May 28, 2014, the Plaintiff paid KRW 70 million to the Defendant as the down payment, etc. However, the Defendant did not perform the basic duties necessary for the progress of the instant construction, including the preparation of design drawings of the instant building and the application for building permission, until July 2015, 2015, by which the instant lawsuit was filed.

As a result, the defendant returned 40 million won to the plaintiff on June 8, 2015.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Defendant, despite having lent the architect license from F, the representative of the E architect office, was deceiving the Plaintiff that he would prepare a design drawing of the instant building, file an application for building permit, and complete construction of the instant building, and thus, the Defendant is obliged to pay the Plaintiff the remainder of KRW 30 million (= KRW 70 million - KRW 40 million) and delay damages therefrom, on the ground of revocation of the instant contract or fraudulent act caused by deception.