1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

The Plaintiff is the owner of the land D and E (hereinafter “each land of this case”) in Seocho-si, and the Defendants are those running solar power generation facility business under the name of Defendant B with the trade name “F”.

On February 22, 2018, the Plaintiff and the Defendants entered into a contract for construction works (hereinafter “instant construction contract”) with the terms that the Plaintiff contracts the construction of solar power plants on each of the instant land to the Defendants (hereinafter “instant construction works”).

The main contents are as follows:

Contract (Evidence A) Article 2 (Contract Goods and Contract Amount)

1. Delivery period: By August 30, 2018, delivery shall be completed;

2. Contract amount: 877,00,000 won (excluding value-added tax);

3. Scope of supply: The Defendants shall complete the production and supply of solar power generation (500kW) at the place designated by the Plaintiff within the supply deadline.

The Defendants are required to perform the construction work in accordance with the anticipated process schedule.

The Defendants shall perform duties under the direction of supervisor or supervisor on behalf of the Plaintiff.

Article 4 (Advance Payment): The intermediate payment of KRW 385,880,000 upon the conclusion of the contract: The remainder after the completion of the authorization and permission of KRW 482,350,000: The Plaintiff paid KRW 519,200,000 as the construction price of the instant case to the Defendants on March 5, 2018, within three days after the completion of the inspection prior to the use of electricity.

On March 13, 2018, the Defendants applied for permission to engage in the instant construction work in the name of the Plaintiff to Jeju Special Self-Governing Province. On May 8, 2018, the Defendants obtained permission to engage in the electric generation business under the name of the Plaintiff from the Jeju Special Self-Governing Province Governor, and filed an application for permission to engage in the instant construction work in the name of the Plaintiff on May 11, 2018.

On April 13, 2018, the Plaintiff filed a complaint against the Defendants with the Jeju District Prosecutors' Office under suspicion of fraud on the ground that “the Defendants, even though they did not have the intent and ability to perform the instant construction work, by deceiving the Plaintiff, thereby deceiving the Plaintiff to pay the construction cost of KRW 519,20,000.”