1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 15, 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant during the period from May 15, 2017 to July 15, 2017, with respect to 495,000,000 construction cost for the framed construction among the new construction works for the Felel in E, and the construction period from May 15, 2017.

B. The Plaintiff and the Defendant determined the payment of the construction cost in the instant subcontract as follows.

O) Method of payment for a non-payment loan with a payment right (140,000,000 won) within 10 days after the execution of an advance payment contract: 100% in cash after the completion of the pre-payment work at the rate of 15 days from the date of receipt of the order from the person placing the order or the date of the contract:

C. On May 22, 2017, the Plaintiff paid the Defendant KRW 110,00,000 in total, including KRW 90,000,000,000 on the pretext of the contract deposit and advance payment, and KRW 15,00,000 on the 24th of the same month. At the Plaintiff’s director’s request, the Defendant returned KRW 15,00,000 out of that on May 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2, Eul evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion did not properly proceed with the construction work even if the Defendant received advance payment, the Plaintiff terminated the instant subcontract by serving a duplicate of the complaint of this case, and the Defendant is obligated to return the advance payment delivered by the Plaintiff to its original state.

(b)Advance payments received under the relevant statutory construction contract are part of the construction cost paid in relation to the entire construction project, not the payment in general with regard to specific skills.

Where the contract is terminated or terminated after the payment of advance payment, the contractor shall naturally appropriate the unpaid amount of the contract for the pre-payment for the pre-payment, and the contract price remains, unless there is any special reason not to do so.