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1. The part concerning the counterclaim of the first instance judgment shall be modified as follows.
Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. Around August 2016, the Plaintiff entered into a service contract with the Defendant for “Seung-gu C and D ground solar power generation facilities (hereinafter “instant development facilities”) with respect to construction works for the construction period from August to March 31, 2016, the contract amount of KRW 190 million (including value-added tax) and KRW 250,000 (hereinafter “instant construction contract”).
B. Article 3 (Scope of Contract) of the General Conditions of the instant construction contract provides that “the Plaintiff shall enter into a service contract with the Defendant by entrusting matters concerning the equipment of solar power plants as follows. - On-site investigation: (i) on-site investigation of an electricity generation business operator; (ii) on-site investigation; (iii) on-site inspection; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; on-site construction; manufacturing in conformity with the regulations of the Korea Energy Corporation; on-site construction; on-site construction; and on-site supply and demand of necessary materials, such as ruptures; (iv) equipment necessary for the construction of the power plant (such as a limited supply and demand contract; supervision; on-site inspection; on-site inspection; on-site construction; and on-site completion on-site construction; and on-
8. There is a statement that "including rental business, such as electricity generation business license, the Han PPA supply and demand contract, bidding, and confirmation of facilities".
C. On May 4, 2017, the Plaintiff and the Defendant: (a) the terms of the instant construction contract, from F 250W to F 350W; (b) the construction period to August 31, 2017; and (c) the contract amount to KRW 199,100,000 (including value-added tax) is the “instant modified contract”.
D. D.
The Plaintiff paid the Defendant the down payment of KRW 17.5 million, the first intermediate payment of KRW 45 million, the second intermediate payment of KRW 6.6 million, and the second intermediate payment of KRW 6.9.1 million. The Defendant paid the solar light light records around June 26, 2017 and the system linked solar power generation server around July 2017.