1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On March 6, 2018, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Defendant’s construction period of solar power generation facilities from March 6, 2018 to March 5, 2019, and the construction cost of KRW 200 million (value-added tax separate) on the land on the land owned by the Plaintiff (hereinafter “instant construction contract”).

Article 22 (Cancellation of Contracts by Plaintiff, etc.)

1. In any of the following cases, the Plaintiff may cancel or terminate all or part of the contract:

(3) Where the penalty for delay under the provisions of Article 21 (1) arrives at the amount equivalent to the contract deposit, and where it is judged that it is impossible to complete the construction even if the contract period has been extended.

5. When a unilateral contract is terminated, the Plaintiff shall pay 30% of the down payment to the Defendant as penalty.

B. The main contents of the instant construction contract are as follows.

C. The Plaintiff paid the Defendant the down payment of KRW 20 million according to the instant construction contract.

On May 17, 2018, the Plaintiff sent to the Defendant a content-certified mail that cancels the instant construction contract and demands the return of down payment on the grounds of the nonperformance of duty of disclosure, etc., and on May 18, 2018, the said mail reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff terminated the instant contract because the Defendant did not sufficiently explain the details of the construction project, the place of the use of the construction cost, and the expected profit details to the Plaintiff, or did not provide the said information in writing.