1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from July 30, 2019 to the day of complete payment.

On December 7, 2017, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the Defendant to contract solar power plants, detached houses, and warehouse construction works (hereinafter “instant construction”) on the ground of the land of 4727 square meters (hereinafter “instant site”). Article 3(3) of the instant contract provides that “If the Plaintiff and the Defendant did not commence construction works due to their failure to obtain the construction permit for the instant construction works, or it is difficult to undertake construction works, this contract shall be null and void.”

The Plaintiff and the Defendant agreed that the construction cost of the instant construction work shall be KRW 800,000,000,000,000,000,000 for the establishment of access roads to the instant site and all taxes, public charges, and fees necessary for the instant construction work, including the said construction cost within KRW 50,000,00.

Around that time, the Plaintiff paid KRW 50 million to the Defendant as the down payment of the instant contract.

The Defendant failed to open access roads to the instant site from May 2019 to May 2019, and thus, did not obtain construction authorization.

On June 28, 2019, the Plaintiff notified the Defendant that the instant contract should be rescinded, and thus, the Plaintiff would return the down payment of KRW 50 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings. However, according to the above facts, it is reasonable to view that the contract of this case was lawfully rescinded by the declaration of intent of cancellation made on June 28, 2019 by the plaintiff on the ground of the defendant's non-performance of obligation. Thus, the defendant is a restoration to the plaintiff following cancellation, and the defendant is a special law on the promotion of litigation, etc. from July 30, 2019 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiff.