1. The plaintiff's appeal is dismissed.

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

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

1. Basic facts

A. On April 24, 2017, the Plaintiff agreed to install solar power generation facilities (337kW) in the E (agent F) and E (hereinafter “instant land”) operating a business, such as the installation of solar power facilities, and the Plaintiff agreed to pay KRW 66 billion to E in the amount of KRW 7 billion.

B. On July 21, 2017, the Plaintiff was granted a license for solar power generation business with the facility capacity of 338kW from July 21, 2017 to July 20, 2020 with respect to the instant land from the rice market.

C. The Plaintiff and E changed the development capacity of the above contract to KRW 200kW and the price to KRW 360 million, but they did not install solar-powered facilities up to now.

In order to implement the above contract, the Plaintiff paid KRW 19.8 million out of the down payment 5.94 million, to the Defendant and the “H-powered Power Plant Development Service Contract” (hereinafter “instant technical service contract”) on October 13, 2017 regarding the permission to engage in the development activities of the instant land. On the same day, the Plaintiff paid KRW 5 million out of the down payment 5.94 million to the Defendant.

E. After the occurrence of various problems, such as securing access roads, the Plaintiff agreed to adjust the instant technical service contract with the Defendant around January 26, 2018. Accordingly, on January 26, 2018, the Defendant returned KRW 2 million to the Plaintiff ( KRW 5 million - KRW 3 million).

[Ground for Recognition: Unsatisfy, Evidence A No. 1-8, Evidence B No. 7, the purport of the whole pleadings]

2. Assertion and determination

A. The plaintiff's main point of the plaintiff's assertion is that the plaintiff's cause of the claim is not legally arranged in clean, or the plaintiff's written statements and all statements in court will be legally arranged as a whole.

E The F, who was represented by the defendant, led the plaintiff from the beginning to proceed with solar energy projects, and there is no access road when the intermediate payment is paid, in collusion with the defendant, to proceed with solar energy.