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The defendant's appeal is dismissed.
" November 17, 2016" in paragraph (1) of the order of the first instance court shall be " November 18, 2016".
Reasons
1. Projects subject to the project for building solar power generation facilities scheduled for the construction project implemented by Article 1 (Defendants' Outlines of Construction Works) along with the plaintiff set forth in Section 1 (Plaintiffs) under special conditions such as the conclusion of the construction contract shall be as follows:
Defendant B 2,744.28, 2015. May 27, 2015, 2015, Defendant C 2,999.15, 26 January 26, 2015, “E (State) E, E, 997.15.15 January 26, 2015”
1. The company related to the civil engineering process of the instant construction is designated by F Co., Ltd. (hereinafter “F”) or A (Defendant).
2. The scope of civil engineering works performed by the designated entity F or A (Defendant) shall be as follows:
(3) All the scope of execution determined by permission for development activities, such as the installation of a rain channel, ridge, and safety net of the instant construction.
3.The F or A(Defendant)-designated civil engineering firms shall carry out all matters not specified in this Agreement as those annexed to the civil engineering works connected to paragraph 2 above.
On January 21, 2016, the Plaintiff and the Defendant determined the contract amount as KRW 4.52 billion (including value-added tax) and concluded a contract for the installation of solar power generation facilities (hereinafter “the instant construction”) with the following contents (hereinafter “the first contract”).
Since then, the Plaintiff and the Defendant drafted a new construction contract (hereinafter referred to as “reduction contract”) stating that the contract amount of KRW 4.1662 billion was reduced to KRW 4.4 million (the supply price of KRW 3.7884 million, value-added tax KRW 3788,400,000) on May 4, 2016, as the construction cost that can be procured through a financial institution’s loan was reduced unlike the initial estimate.
On the same day, the Plaintiff and the Defendant shall pay the amount of power generation of solar power plants to be newly constructed through the instant construction (hereinafter referred to as “B”), and if the amount falls short of the guaranteed power generation time, the amount of compensation calculated according to the predetermined formula.