1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) Where the Minister of Trade, Industry and Energy deems it necessary to facilitate the use and distribution of new and renewable energy and to revitalize the new and renewable energy industry, the defendant may require a person prescribed by Presidential Decree from among the following persons (hereinafter referred to as "person obligated to supply") to supply new and renewable energy more than a certain amount of power generation by mandatory use of new and renewable energy:

Under the system of mandatory supply of new and renewable energy, a person who supplies energy using new and renewable energy (hereinafter referred to as "new and renewable energy supplier") under Articles 12-7 (1) and (5), 12-9 (1) 3 and (2), 12-5 (5) and 12-7 (including supply certificates, etc.) of the same Act may obtain a certification certificate (including a certificate in electronic form; hereinafter referred to as "supply certificate") from an institution designated by the Minister of Trade, Industry and Energy to certify the supply of energy using new and renewable energy (hereinafter referred to as "supply certification institution").

(5) Where a person who has obtained a supply certificate intends to trade the supply certificate, he/she shall trade it in a trading market established by the supply certification institution (hereinafter referred to as "transaction market"), as stipulated by the Regulations on the Issuance of Supply Certificates and Operation of the Trading Market established under Article 12-9 (2)

Article 12-9 (Affairs, etc. of Supply Certification Institutions) (1) A supply certification institution designated pursuant to Article 12-8 shall perform the following affairs:

(2) The Minister of Trade, Industry and Energy shall establish rules on the issuance of supply certificates and the operation of the trading market (hereinafter referred to as "operating rules"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, before commencing his/her business;