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1. From August 17, 2018 to May 31, 2019, the Plaintiff (Counterclaim Defendant) paid KRW 120,000,00 to the Defendant (Counterclaim Plaintiff).
Reasons
(2) Each of the instant contracts was concluded on August 14, 2017 with F (2,100km) and G (1,100km). On February 28, 2018, E-solar Power Plants construction contracts (3,60km) (hereinafter referred to as “each of the instant contracts,” including D, F, G, and E’s respective solar power plant construction contracts.
The Defendant received the down payment and the down payment from H in accordance with each of the instant contracts:
On July 18, 2017, 2000, 100,000 E-solar power plants on July 18, 2017, 100,000 E-solar power plants on August 14, 2017, 100,000,000 G solar power plants on August 14, 2017, for the receipt of down payment (cost) 100,000,000,000,000 solar power plants on August 14, 2017;
E. The Plaintiff received 120,00,000 won in total from the Defendant under the instant business allowance payment agreement upon receiving each down payment from H in accordance with each of the instant contracts (=(50,000,000 KRW 50,000,000 KRW 50,000,000 KRW 50,000)) * 60% in total pursuant to the instant business allowance payment agreement.
F. On March 26, 2018, the Defendant requested a change in connection with the payment of each of the instant contracts to H on March 26, 2018. However, on the same day, H sent a reply to the Defendant stating that “No provision exists relating to the change of payment in the content of each of the instant contracts, and no justifiable ground exists to modify the contract entered into at the same point of view,” and that “H would not modify the contract.” On March 27, 2018, the Defendant again requested H on the same ground, but on March 28, 2018, notified the Defendant of the termination of the contract on March 28, 2018 pursuant to Article 13 of the General Conditions of each of the instant contracts (Termination of the instant contract) that H would terminate the contract on the basis of the termination of each of the instant contract, including the down payment and the start payment received from H on April 1, 2018, the Defendant deducted the total amount of KRW 450,000 from KRW 2050 (including KRW 20505).