The defendant limited liability company B shall be KRW 124 million and 24% per annum from April 11, 2018 to the date of full payment.

1. Basic facts

A. On July 2017, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Defendant C on behalf of the Defendant Limited Company B (hereinafter “Defendant Company”) and with the content that the Defendant Company constructed a solar power plant with a capacity of 800KW on the project cost of KRW 1.34 billion (contract deposit amounting to KRW 1.34 billion) on the land of Namwon-si, Namwon-si (hereinafter “instant land”).

B. On August 10, 2017 and August 11, 2017, the Plaintiff paid to the Defendant Company a total of KRW 134 million as a down payment under the instant construction contract.

C. When it was impossible to construct solar power plants on the instant land after the conclusion of the instant construction contract, the Plaintiff and Defendant C, acting for the Defendant Company, agreed to cancel the instant construction contract on February 13, 2018, and return the amount of KRW 124 million out of the down payment to the Plaintiff until April 10, 2018, and pay the amount of delay damages calculated at the rate of 24% per annum as to the unpaid amount, if the Defendant Company did not pay the said money to the Plaintiff by the said payment date.

(hereinafter “instant agreement”). D.

On the other hand, the defendant C is the spouse of the representative director E of the defendant company and the actual operator of the defendant company.

[Reasons for Recognition] Unsatisfy, Gap 1, 3-7 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The fact that the Plaintiff and the Defendant Company concluded the instant construction contract with the Defendant Company, the Plaintiff paid the Defendant Company the down payment of KRW 134 million under the instant construction contract, and the fact that the Plaintiff and the Defendant agreed to cancel the instant construction contract is as seen earlier.

According to the above facts, pursuant to the agreement of this case, the defendant company is obligated to pay to the plaintiff 124 million won out of the down payment under the contract of this case and the delay damages therefor.

B. In addition to the written evidence Nos. 1, 7, and 8 against Defendant C, the purport of the entire pleadings is as follows.