1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a company that designs and installs solar power generation facilities, and the Plaintiff is a customer who wants to install solar power generation facilities and the Defendant to enter into a contract for installation of solar power facilities (hereinafter “establishment contract”) with the Defendant, and is paid allowances from the Defendant.

B. The method of attracting a construction contract and receiving a sales allowance is as follows.

(1) The personal information and the account number of the defendant are written, and the remainder is secret, shall be received from the defendant.

The above contract has the defendant's seal, and the plaintiff is entrusted with the specific contents of the contract.

(2) The installation capacity of solar power generation facilities, installation methods, installation costs, etc., such as solar power generators, reflecting the requirements of the contracting party, etc., shall be determined, and the details thereof shall be stated in the above contract as acceptance.

3. To submit the above contract to the defendant with the seal of the contracting party.

④ Upon completion of the payment of the installation cost under the above installation contract, the Plaintiff is entitled to receive business allowances from the Defendant.

C. On November 15, 2017, the Plaintiff entered into a contract with C and Ulsan-gun D to install solar power generation facilities in capacity of 289kW up to March 2018 with the Defendant as a contracting party.

(hereinafter the above solar power generation facilities are referred to as the “instant facilities,” and the above contract is referred to as the “instant installation contract”).

On the other hand, on June 7, 2018, the Defendant and C concluded a contract with the content that the capacity of the instant facilities would be reduced to KRW 265km and the installation cost would be reduced to KRW 349,80,000.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1, 2, 4, 5 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 5, witness E and F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that, when the Plaintiff attracts the installation contract, the capacity of solar power generation facilities stipulated in the installation contract is less than 300kmW.