1. The plaintiff's claim is dismissed.

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

Basic Facts

The terms and conditions of the standard terms and conditions of sale [the term and conditions of sale of the general energy contract] as follows: (a) the amount of 1,045,00,000 won (including additional taxes and interest) of the construction business for the installation of a small-sized B apartment, small-sized and medium-sized power generation facility (including the value-added tax and interest) within the framework of the construction contract between the original and the Defendant; (b) the amount of 1,292,247,00 won (including the business of installing a small-sized and medium-sized power generation facility; and (c) the amount of 322.695TE/year, gas-3.87To/year; (d) the gas-3.87TL 818To/Year 288.818TO/96-year performance distribution method between the beginning of the business from January 27 to September 30, 2005 to the end of September 27, 2005]

1. The term “energy user” (hereinafter referred to as the “Defendant”) means the owner or manager of an energy use facility as defined in Article 1 of the Energy Use Rationalization Act;

2. The term “Plaintiff” (hereinafter referred to as the “Plaintiff”) means an enterprise specialized in energy saving as prescribed in Article 22 of the Energy Use Rationalization Act;

5. The term "performance distribution" means the distribution of energy reductions generated from energy saving installation under the conditions agreed between "Defendant" and "Plaintiff".

Article 6 [Cancellation of Contract] (4) In the event that a repayment is not received for at least two months during the project period due to the grounds of “Defendant”, the “Defendant” shall notify the “Defendant” in writing of the cancellation of the contract and the “Defendant” shall pay the entire project amount to “Plaintiff” at the time of termination of the contract in cash.

Article 13 [Performance Distribution-Adverse Distribution Form] (1) The repayment of the amount of energy-saving installed in advance invested by the "Plaintiff" shall be implemented in accordance with the "Performance Distribution Plan" after the completion of the installation period.

(2) The amount of energy reduction in the energy saving installation that the Plaintiff has invested in a ship shall be calculated according to the "plan for post management" and "plan for the calculation and guarantee of energy reduction".

(3) "Defendant" shall be fully or partially repaid without any special reason.