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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On July 10, 2017, the Plaintiff and the Defendant entered into a service contract (hereinafter “instant service contract”) with the Defendant setting the service price of KRW 700,00,000 (excluding value-added tax), the contract period from July 10, 2017 to July 10, 2018 (hereinafter “instant service contract”) with respect to the electric design, mooring and telecommunications design, electricity business license, authorization and license, etc. on the solar power generation project (hereinafter “electric power generation business”).
Article 6 (Payment of Price): 30% of the down payment, 20% of the down payment, and 30 days after receipt of the authorization of the implementation plan, and 18 (Cancellation and Termination of Contract) (1) of the General Terms and Conditions of the service contract, and Article 6 (Payment of Price): In any of the following cases, the 50% of the down payment, and 7 days after receipt of the authorization of the implementation plan: 50% of the down payment, and Article 18 (Cancellation and Termination of Contract) (1) of the General Terms and Conditions of the service contract may be cancelled or terminated in whole or in part as a written notice seven days prior to the approval of the implementation plan:
4) If it is impossible to carry out the project due to a change in the project plan of the ordering agency, etc., the ordering agency may suspend and postpone the service, if it is deemed impossible to continue to carry out the service due to a delay in consultation with the relevant agency based on the authorization and permission, requirements for deliberation, etc., not the grounds attributable to the suspension of the service and the postponement of the service provider.
2) Of the instant service contract, the main contents related to the instant case are as follows (a specific service content is stated in the statement of calculation of service costs in attached Form 1). 3) The Defendant acquired the license for the electric generation business in accordance with the instant service contract. On February 6, 2018, the Plaintiff paid to the Defendant KRW 231,000,000 (==700,000 x 30% x 1 x 1.1, value added tax).
B. On March 2, 2017, the Plaintiff entered into a service contract with E and the instant case.