A. The Plaintiff is a corporation with the purpose of solar and solar energy generation business, and the Defendant is a corporation with the purpose of manufacturing solar power generation facilities.

B. On September 7, 2017, the Plaintiff concluded a contract with the Defendant for each of KRW 240,000,000, with respect to the incidental work, such as consultation on authorization and permission related to the construction of solar power plants, and the supply and construction, etc., of relevant equipment and materials (hereinafter “instant construction work”) on the land outside C, on the land outside C at the time of residing in North Korea, with the contract amount of KRW 240,00,000 (excluding value-added tax), within six months from the date the procedures for authorization and permission are completed, and the contract security deposit was set as KRW 50,

(hereinafter “instant contract”). The Plaintiff and the Defendant agreed to substitute KRW 50,000,000 for the said deposit when the procedure for obtaining authorization and permission for the electric generation business related to the instant construction is completed.

C. On August 23, 2017, the Plaintiff paid KRW 5,000,000 to the Defendant, respectively, and KRW 45,000,000 on September 8, 2017, as the Plaintiff acquired an electric power generation business license from the permanent domicile date on December 28, 2017, the said deposit was replaced by the down payment. On February 27, 2018, the Plaintiff paid KRW 5,00,000, value-added tax on the said down payment to the Defendant.

When the instant construction was delayed due to the change, etc. of an authorized and permitted agency, the Defendant, on October 2, 2018, notified the Plaintiff of the completion of authorization and permission within December 2, 2019 and the completion of construction on or around May 2019 after commencing the construction on or around January 2, 2019. However, the Plaintiff and the Defendant did not proceed. Ultimately, on April 17, 2019, changed the construction site of this case to D and five lots outside the north-gu, west-gu, and the Defendant did not start the construction of this case even thereafter.

E. Accordingly, the Plaintiff’s agent E visits the Defendant Company to the Defendant Company on August 26, 2019, and objection between Defendant Representative F.