The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Determination on the cause of the claim

A. In order to conduct solar power generation projects on the ground of D, E, and F, the Plaintiffs entered into a contract for the construction of solar power plants with the Defendant on January 19, 2018 with the construction cost of KRW 400 million (hereinafter “instant contract”), and paid the Defendant the down payment of KRW 20 million. At the time of the conclusion of the instant contract, the procedures for development activities, etc. on the above solar power generation projects were to be carried out by the Defendant. If the Defendant fails to complete development activities by June 30, 2019, the Plaintiffs decided to refund the down payment. The fact that the development activities, etc. necessary for the progress of the above solar power generation project have not been completed by the date of the conclusion of the pleadings at this court, or by the overall purport of the theory of entry and change in the evidence No. 1.

B. According to the above facts, since the Defendant failed to complete development activities necessary for solar power generation projects within the time agreed at the time of the contract of this case, it is obligated to pay delay damages calculated at the rate of 12% per annum from April 7, 2020 to the day of full payment after the original copy of the payment order of this case was served on the Defendant in accordance with the above contract to refund the down payment contract.

2. The defendant's assertion argues that the plaintiffs' claim is unfair, since the defendant is currently proceeding with development activities for solar power generation projects of the plaintiffs.

However, as seen earlier, the Defendant agreed to refund the down payment if he did not complete the development activities by June 30, 2019 in the instant contract, and the Defendant failed to complete the development activities necessary therefor even until the lapse of two years after the date of the instant contract (the said site is currently owned by another person, and the Plaintiffs are the land ownership.