A. On March 11, 2019, the Plaintiff entered into a three-way solar power plant site supply and transfer contract (hereinafter “each of the instant contracts”) with the Defendant to set up a solar power plant on the land, part of the site, and the ground solar power plant on the land and four parcels, Jeonnam-gun, Bosung-gun, and to transfer the said site to the solar power plant.

The main contents of each contract of this case are as follows.

Site location: 260,00,000 won (VAT separate contract deposit) for electric generation business license, registration of electric utility business operator, pre-use inspection, Han Power Supply and Demand contract, electrical construction design and supervision services, basic civil engineering works, power plant fences installation works, electrical construction, building installation works: The plaintiff shall pay 30,000,000 won (VAT separate contract deposit to the financial institution designated by the defendant.

The intermediate payment: The plaintiff shall pay the daily three million won to the financial institution designated by the defendant when the building permit is completed.

Balance: The plaintiff shall pay to the financial institution designated by the defendant the daily amount of which is KRW 100,000,000,000.

The completion of construction works shall be December 31, 2019 under the conditions of the special agreement for the construction contract to be completed.

B. The Plaintiff paid the Defendant the sum of KRW 90 million up to March 11, 2019, as the down payment under each of the instant contracts, to the Defendant.

C. On December 30, 2019 and January 6, 2020, the Plaintiff sent to the Defendant a certificate of content that “The contract of this case is not fulfilled, and each of the contract of this case is terminated (cancellation).” The above certificate of content reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. The following circumstances, which are acknowledged as a comprehensive consideration of the overall purport of the pleadings, based on the judgment on the cause of the claim, are as follows: (i) the Defendant is in accordance with each of the instant contracts as of the date