A. On July 18, 2017, the Plaintiff and the Defendant (hereinafter “the instant contract”) agreed on July 18, 201 to provide that “The instant construction works for solar power plants shall be 240,000,000 won (excluding value-added tax) and “within six months from the date of completion of the procedures for authorization and permission for the development of solar power plants” in the Defendant and D, at the time of stay at C and D (hereinafter “instant construction works”).

B Upon entering into the contract, 'the security deposit of 50 million won or less' that the plaintiff guarantees the defendant to enter into the contract.

A. A contract is commenced after the process of obtaining authorization or permission related to the instant project is completed, and the return of the deposit is agreed to be subject to the agreement between the parties when the project is completed due to the failure to obtain the authorization or permission.

On July 21, 2017, the Plaintiff paid the Defendant the deposit amount of KRW 50 million.

B. On October 2, 2018, the Defendant sent to the Plaintiff, on October 2, 2018, certain guidance to the effect that the Plaintiff completed the first authorization and permission, the completion of the second authorization and permission from December 2 through 4, 2018, the commencement of construction work on January 2019, and the completion of construction work on May 2019, but failed to comply therewith.

C. Accordingly, on November 15, 2019, the Plaintiff sent to the Defendant a content-certified mail demanding the return of the instant deposit, and around that time, the said mail reached the Defendant.

On December 3, 2018, the Defendant sent text messages to the Plaintiff to the effect that the Defendant would withhold the authorization and permission procedure and prepare funds by selling the assets and return the instant deposits.

The Plaintiff declared to the Defendant on September 21, 2020 that the instant legal brief would cancel the instant contract due to the delay of the Defendant’s performance, and the said legal brief was served on September 23, 2020.

E. The Defendant did not obtain permission for development activities for the instant construction project until now, and the Defendant was present at the second date for pleading of the instant case and sold the assets to the Plaintiff.