1. The Defendant: (a) KRW 40,00,000 for the Plaintiff and the Plaintiff’s annual rate from September 1, 2018 to March 26, 2019; and (b) March 27, 2019.

1. Basic facts

A. On March 5, 2015, the Defendant was established for the purpose of the construction, management, and operation of wind power plants, and appointed C, D, and E as internal directors.

B. On March 10, 2015, the Defendant leased the Gangwon-do F 17,695 square meters (hereinafter “instant land”) from G to install one wind power generator, and obtained permission for the electric generation business from the Gangwon-do Governor on May 7, 2015.

On June 13, 2015, the Defendant changed the terms and conditions of the lease by installing two wind power generators. On June 13, 2015, the Defendant was re-issued permission following the change of capacity.

C. D and E resigned from office of the Defendant’s internal director on July 1, 2015, and H assumed office as an internal director, C and H were joint representative directors, and their registration was completed on July 6, 2015.

C은 2015. 9. 21. 피고의 대표이사 명칭을 사용하여 원고 앞으로 이 사건 토지 위에 약 4㎽ 규모의 풍력발전소(2㎽ 2기 및 보조발전기)를 건립하는 것과 관련하여 “발전소 준공 후 발지법(발전소주변지역 지원에 관한 법률)에 의거 전기료 등 마을발전기금으로 매년(20년간) 약 2천만 원씩 약 4억 원을 지원한다.”는 내용의 지원확약서(이하 ‘이 사건 확약서’라 한다)를 작성하였다.

E. Around July 2017, the Defendant completed the power plant.

[Reasons for Recognition: Evidence Nos. 2, 6, 7, 13 (Partial number omitted, hereinafter the same shall apply)

(ii) the statements in Category B 1 and 6, as well as the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant is obligated to pay KRW 40 million to the Plaintiff according to the instant undertaking from August 2017. However, as recognized in Section 1-C and as recognized in Section 4, as long as C had taken office as the Defendant’s joint representative director on July 1, 2015 and completed the registration until July 6, 2015, he/she solely prepares the instant undertaking on behalf of the Defendant.