2. The plaintiff's remaining claims are dismissed.

3...

A. On August 1, 2015, the Plaintiff arranged with the Defendant for the construction of B active coal production plants (hereinafter “instant construction”). The Defendant entered into a consulting contract with the effect that 10% of the total construction price per share of the instant construction works should be paid to the Plaintiff as service costs (hereinafter “instant consulting contract”). The payment method of service costs is as follows.

Article 4. Consulting services costs

1. The Defendant’s payment of 10% of the total amount of the contract entered into by the Plaintiff to the Plaintiff as consulting service cost, but the payment shall be made in cash (USD) to the Plaintiff within one week after the deposit of the contract, such as down payment, intermediate payment, balance, etc.

2. Even if the contract is terminated due to a mistake in the progress of the contract, the defendant cannot demand the return of the price to the plaintiff.

However, where the plaintiff intentionally mediates a defective foreign customer or is unable to proceed with a contract due to a cause attributable to the plaintiff, the plaintiff shall return the full amount of the already paid amount under paragraph (1) to the defendant.

B. According to the instant consulting contract, the Defendant entered into an plant construction contract with the C company, received 70% of the prepaid payment from the said C company. On September 1, 2015, the Plaintiff paid 154,000 US dollars (including rent; hereinafter the same shall apply) as the service cost for the part on the down payment on September 1, 2015, but did not pay 7,000 US$ 38,500 for the service cost on the part on the first intermediate payment to be paid on October 2, 2015, and 27, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is about US$ 115,500 = 77,000 under the consulting contract of this case for service costs for the first intermediate payment and the second intermediate payment.