1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as follows: “The instant first Convention” in the reasoning of the judgment of the court of first instance shall be deemed as “the Convention on June 11, 2013”; “the instant second Convention” shall be deemed as “the instant Convention”; and “the instant second Convention” shall be deemed as “the instant Convention”; and the Plaintiff shall be deemed as the grounds of the judgment of the court of first instance, except for adding the judgment of the following paragraph (2) to the assertion that the Plaintiff has renewed or newly made.

2. The further determination of this Court

A. The gist of the Plaintiff’s assertion 1) As to the grounds for invalidation of the instant agreement (the main claim part), the Plaintiff entered into the instant agreement with a view to selling the instant products certified as new technology to the domestic power generation company through the Defendant.

However, the Defendant was unable to conclude a private contract with a public corporation or quasi-governmental institution due to the limitation that it is impossible to directly produce the instant product. The Defendant failed to meet the requirements or ability to supply the instant product to the domestic development company from the beginning, on the grounds that it was unable to obtain the confirmation criteria of direct production of competing products between small and medium enterprises (No. 2018-9 of the Ministry of SMEs and Startups) or obtain the certification of performance under the Act on Promotion of Purchase of

Therefore, the instant agreement is null and void since it is impossible from the beginning to realize its purpose.

B. In the process of concluding the instant agreement, the Defendant: (a) ordered the sale of the instant product by using the system to support the compulsory purchase of products of small and medium enterprises; and (b) concluded the instant agreement with the trust and trust of the Plaintiff.

However, the defendant did not satisfy the requirements or ability to deliver the product of this case to domestic developers, which constitutes an important part of the Convention, and the plaintiff constitutes an important part of the Convention.