손해배상(기)
The Defendants shall jointly and severally pay to the Plaintiff KRW 1,611,823,096 as well as the interest rate from August 6, 2016 to the day of full payment.
Based on facts, the Plaintiff was an affiliate affiliated to D Group established for the main purpose of the construction and operation of solar power plants as an affiliate affiliated to D Group. On July 4, 2016, the Plaintiff merged E, an affiliate to the same group.
(hereinafter referred to as “Plaintiff” regardless of whether before and after the merger. Defendant B is a company established for the main purpose of the development, manufacture, and sale of solar energy and wind power generation systems, and Defendant C is a company established in division from Defendant B on January 8, 2014.
D groups, such as the conclusion of construction contract, have set up a solar power generation system on the 16 factory roof of affiliated companies in each nationwide group and operated a plan to sell the power produced therefrom.
Accordingly, on November 30, 2012, the Plaintiff entered into the construction contract for the construction of the solar power generation system for the 12 factories within the D Group (hereinafter “instant solar power generation system”) with Defendant B, with the contract amount of KRW 13,674,838,00, and the construction period from November 15, 2012 to January 31, 2013, and the compensation for delay is 0.3% of the contract amount (hereinafter “instant first contract”). On October 14, 2013, the Plaintiff entered into the said contract for the construction project with Defendant B (hereinafter “instant two solar power generation system”) with respect to the construction of the remaining four factories (hereinafter “each solar power generation system”), and the contract amount of each of the instant construction project shall be 4,00,000 won to 30,010,000 won to 30,010,000 won to 20,301.
The Plaintiff completed the first solar power generation system on May 14, 2013 by Defendant B and Defendant B on May 13, 2013.