1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 24, 2017, the Plaintiff entered into a construction contract on the solar power plant (hereinafter “instant construction contract”) with the Defendant (E Co., Ltd. at the time”) under which the construction of solar power plant (hereinafter “solar power generation”) on the F building in Chungcheong City would be awarded a down payment of KRW 40 million to the Defendant on the same day.

B. Article 11 of the General Conditions of the Construction Contract attached to the instant contract states that “the down payment upon the acceptance of the instant contract shall be fully refunded,” and Article 11 of the General Conditions of the Construction Contract attached to the instant contract states that “the down payment and the down payment for the permit shall be used for the power generation business expenses, etc., and where it is proved impossible to grant the permit, the contractor shall, without delay, return it to the ordering person and may not claim re-expenses therefor, and the ordering person shall not demand the return of the down payment for the termination

C. On July 28, 2017, the Plaintiff obtained permission from the Cheongbuk-do Governor for the instant solar power generation project in accordance with Article 7 of the Electric Utility Act and Article 6 of the Enforcement Rule of the same Act in the name of the Plaintiff’s father B.

After that, the Plaintiff received review opinions as shown in the attached Form in relation to the solar power generation project of this case from Chungcheongnam-si.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 7, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion was issued non-permission of the instant solar power generation project, as shown in the attached Form, so the condition for the return of the down payment as stipulated in the instant contract was fulfilled, and accordingly, the Defendant is liable to pay the Plaintiff the down payment of KRW 40 million and the damages for delay.

3. Recognizing the full purport of each evidence mentioned in the underlying facts and the underlying facts as a whole, the following: