The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff (former C Co., Ltd.) is a company established for the purpose of the development project of electric resources, etc., and is a company established for the purpose of the establishment and operation of the electricity market under Article 35 of the former Electric Utility Act (amended by Act No. 15644, Jun. 12, 2018; hereinafter referred to as the “Electric Utility Act”), which is engaged in the commercial operation of the H Electricity Electricity generator No. 1 and No. 2 (hereinafter referred to as the “instant electric power plant”).

B. The Plaintiff initially selected the Fdong-dong Franchi as the site for the instant power plant at the time of the East Sea (hereinafter “the site for the first power plant”). However, the Ministry of Environment demanded the Plaintiff to reorganize the site on the ground of adverse impact on the atmosphere marine landscape.

Accordingly, the Plaintiff re-designated the E-dong E-dong (hereinafter referred to as the " modified site for the power plant") as the site for the power plant at the same time in G.

C. In the process of re-election of the site of the instant power plant and construction of the instant power plant, the Plaintiff entered into a construction project agreement with the East Sea on December 23, 201 and the instant power plant. The said agreement includes that the Plaintiff purchased the first site of the power plant and create a general industrial complex (hereinafter “instant industrial complex”).

Since then, the Plaintiff had gone through procedures such as the creation of an industrial complex, consultation on sale, permission of the Minister of Trade, Industry and Energy, approval of the construction plan of the electric power plant in this case, and approval of the industrial complex plan of the Governor of Gangwon-do related to the site of the electric power plant in this case.

E. On April 26, 2018, the cost evaluation committee under the Defendant’s control decides not to recognize the cost of creating the industrial complex related to the instant power plant as the “investment cost” under Article 43(4) of the Electric Utility Act and Article 2.2.28, 14.10, and [Attachment Table 23] of the Rules on the Operation of the Electricity Market.