Therefore, as the Plaintiff seeks, Defendant B is obligated to pay 125,00,000 won (i.e., the refund of KRW 100,000,000 for the sale price of KRW 25,000 for the penalty of KRW 25,000 for the penalty of KRW 10,000 for the cancellation of the contract) and the damages for delay calculated at each rate of 12% per annum as stipulated in the Commercial Act from November 30, 2019 to March 9, 2020, the delivery date of the copy of the complaint in this case, and from the next day to the full payment date.

As to this, Defendant B argues that the above Defendant’s failure to complete the construction by the agreed date is due to civil petition filing and the authorization of the competent administrative agency, delay of permission procedure, and that the above “person’s delay of permission, etc.” falls under a cause not attributable to the Defendant, and thus, the Plaintiff’s assertion of cancellation of the sales contract of solar power plants of this case is groundless, but there is no evidence

[Evidence] The parties shall appear on the date for pleading or the date for preparatory pleading and submit it in reality, and the same applies to cases where it is deemed that the written complaint or the briefs attached with documentary evidence are stated (see Supreme Court Decision 91Da15775, Nov. 8, 1991). The Defendant submitted a written answer attached to the documentary evidence on April 7, 2020, but the above written answer submitted by the Defendant is deemed to have been stated as evidence, on the other hand, because the Defendant did not appear on one occasion at each of the dates for pleading in this case, and the documentary evidence attached to the above written answer cannot be deemed to have been submitted as evidence). Accordingly, the Defendant B’s assertion cannot be accepted.

2. Determination as to the claim against the defendant limited liability company C