1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff is a seller of supply certificates [referring to certificates proving that energy was supplied using new and renewable energy facilities pursuant to the REC and Article 12-7(1) of the Act] under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as “New and Renewable Energy Act”) as a person engaged in the solar power generation business with the trade name of “B”.

The defendant is a supplier who is obligated to supply new and renewable energy more than a certain quantity of power generation in accordance with the implementation of a new and renewable energy supply obligation system (small PPS system) prescribed in Article 12-5 of the New and renewable Energy Act, which aims at the development and development of power resources and projects related thereto, by using new and renewable energy.

On January 4, 2016, the Plaintiff determined as “12 years (144 months from the date of conclusion of the contract)” and “79,000 won/EC” and “this case’s contract between the Defendant and the Plaintiff to sell solar energy supply certificates to the Defendant.”

The main contents of the instant contract are as follows, and the relevant laws and regulations are as listed in the separate sheet. Article 5 (Supply Certificate Sales Contract) of the Special Conditions of the instant contract is as follows. The term of the instant contract is 12 years (144 months) from the date of conclusion of the contract. However, where a commercial driving has commenced after the date of commencement of the contract, 12 years (144 months) from the date of commencement of the commercial driving.

② The contractual unit price of the instant contract shall be the contractual unit price per 1 REC under the “sales contract”, and Article 4(1) of the Agreement shall apply to the terms and conditions for the payment of the transaction price.

(3) The contract terms of the instant contract shall comply with Article 3(3) of the Act and the Defendant shall enter into a contract with the operator of the electric generation business who takes over the business under Articles 10 and 11 of the Electric Utility Act under the same conditions