손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 3, 2007, the Plaintiff entered into a contract with the Defendant on the construction of solar power plants at the 200k New Power Plants at the 1960s, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 2007 (hereinafter “instant contract”).
B. The construction contract conditions added to the instant construction contract provide that “the Defendant shall perform all duties necessary for the normal operation of solar power plants (Article 1 of the Construction Contract Terms)”, such as the purchase of sites, construction except authorization and permission, construction, and the conclusion of sales contract at electric power stations after completion of construction work, etc.
C. In addition, the above contract terms are special articles: “The solar power monitoring system is capable of indicating the monitoring function, measuring function, recording and statistical function, alarming function, development status by daily time zone, and additional status, and indicating the average value for each month of various present conditions, the annual analysis function, and the remote monitoring function.”
(Article X, Section 2). (d) of the terms of the contract for construction.
In order to permit the completion of the instant construction work, the Plaintiff paid the construction cost of KRW 17,700,000 to Nonparty A for the purpose of cutting off the land for solar electric infrastructure under the instant construction contract, and did not restore it to its original state, and obtained permission for completion from the Seopo Market.
E. The Defendant did not install solar power monitoring facilities according to the instant construction contract, and the Plaintiff had Kti Co., Ltd. install the crypting facilities, and transferred KRW 10,000,000 to Kti Co., Ltd. on June 8, 2009.
F. The completion date of the instant construction under the instant construction contract is March 30, 2008.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 12 through 19 (including provisional numbers), the purport of the whole pleadings
2. The facts of the determination as to the cause of the claim.