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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be 178,950.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendant, a new and renewable energy business, the solar energy structure manufacturing business, etc., was established, and around 2015, decided to conduct a solar power plant construction business (hereinafter “instant power plant business”) on the ground of the land B (hereinafter “instant land”), and recruited the building owner to jointly purchase the instant land and build solar power plants.
B. On April 2015, the Defendant entered into a contract for the construction of solar power plants with five building owners, including the Plaintiff, Nonparty C, D, E, and F, to participate in the instant power plant project. Of the instant land, the Defendant concluded a contract for the construction of solar power plants with each of the above building owners’ respective “solar-solar 100kW power plant” at the respective locations set by each of the above building owners at KRW 225,50,000.
(hereinafter referred to as “the instant construction contract”). C.
At the time of the conclusion of the above construction contract, the payment date for the construction cost is KRW 11,00,000, the first progress payment of KRW 22,550,000 at the time of design and authorization, and KRW 169,40,000 for the second progress payment before shipping the structure, and KRW 25,550,000 for the remainder payment within seven days after completion (the time of completion of the pre-use inspection at the time of completion of the power plant), respectively. The construction period is set at six months from the date of commencement of construction work, and the Plaintiff’s site for the power plant among five power plant sites was set at the location of Form 13.
The defendant completed business registration for solar power generation in the name of each owner of the building around July 2015, and completed business registration for solar power generation in the name of each owner of the building on August 16, 2016, and completed the construction report on the construction of Class I neighborhood living facilities (energy supply facilities), around August 19, 2016, and the report on the installation of a specific construction project, such as scattering dust generation project, and the prior report on the construction thereof is completed on August 19, 2016, and around August 31, 2016, the defendant completed business registration for solar power generation in each power plant site, such as Form 2, and completed the solar power plant on the site of each power plant site, such as Form 2, and on December 1, 2016