1. The plaintiff's claim against the primary defendant is dismissed.

2. The conjunctive Defendant’s KRW 60,000,000 and this shall apply to the Plaintiff.

1. Basic facts

A. On March 27, 2013, the Plaintiff entered into a contract for the manufacture and installation works of the compact list (i.e., construction cost of KRW 120,00,000 (excluding value-added tax) with D (business number: E), and the construction period of KRW 120,00,00 (excluding value-added tax) from April 19, 2013 to May 24, 2013; however, the Plaintiff agreed to pay KRW 60,000 after entering into a contract for the payment of KRW 60,000 for the intermediate payment, KRW 10,000 for the intermediate payment, and the payment of KRW 50,00,00 for the remainder, five months after the completion of trial operation.

(hereinafter “instant contract”). (b)

On April 23, 2013, the Plaintiff paid the down payment of KRW 60,000,000 to D.

C. The Corporation did not proceed, and the Plaintiff agreed again with D Representative C on August 21, 2013, as follows:

Until September 30, 2013, the date of manufacture and installation completion, the total sum of KRW 120,000,000 down payment of KRW 60,000,000,000,000 is to additionally reduce the amount of KRW 5,000,000,000 for the future settlement of damages due to failure to perform the contract before KRW 20,000,000,00 for the future settlement of damages after the completion of the trial run at KRW 30,000,00 after the completion of the trial run at KRW 5,00,000 for the following six months after the completion of the start run at KRW 12 months after the completion of the start run at KRW 12 months until the end of September of the contents of the Additional Agreement.

D. After that, the Corporation did not proceed, the Plaintiff notified D’s representative C of February 11, 2014 that the instant contract was terminated on the ground of nonperformance.

[Ground for recognition] The primary defendant: The non-contentious facts, Gap evidence 1 (the same shall apply to Eul evidence 1), Gap evidence 2 (the same shall apply to Eul evidence 2), Gap evidence 3 through 12, the preliminary defendant for the purport of whole pleadings: constructive confession

2. Judgment as to the primary defendant

A. The Plaintiff’s assertion 1) The Plaintiff entered into the instant contract with D, a telegraphal representative of the Defendant, and terminated the instant contract on the grounds of nonperformance. Since D was changed to the Defendant on February 18, 2014, the Defendant is obligated to return down payment KRW 60,000,000 to the Plaintiff. 2) At the time of the instant contract.