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1. The Defendant (Counterclaim Plaintiff) paid KRW 88,350,000 to the Plaintiff (Counterclaim Defendant) and the amount from February 12, 2010 to June 5, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The Defendant, on May 30, 2009, set the construction cost for the construction of solar power plants (hereinafter “instant solar power plants”) on the grounds of the Jeonnam-gun B, C, and D (hereinafter “instant solar power plants”) as KRW 3.45 billion (excluding value-added tax), the construction period from May 30, 2009 to August 11, 2009, respectively, as the contract owner (hereinafter “instant construction contract”), and the main contents on the payment of construction cost and special agreement are as follows.
(1) Contract deposit (30%) Within 15 days after the contract is concluded. (2) The intermediate payment (50%) : The remainder (20%) at the time of the complete storage of the machinery and equipment (the entire part) (20%): Within 30 days after the opening (referring to connecting solar power generation to the power distribution line of the Korea Electric Power Corporation) - the payment method and time - the Plaintiff guarantees the Defendant to enter the market in 50 MW (590.87 won/km sale) market (hereinafter “this case’s entry guarantee”) (hereinafter “this case’s market entry guarantee”). If the Plaintiff fails to perform the above market entry guarantee obligation, the amount equivalent to 10% of the price is not paid (Article 24(1)1) - The Plaintiff shall comply with contractual obligations such as the completion of the construction, and ownership of the completed facilities shall not be paid 10%; the Plaintiff shall revert to the Defendant at the expense of the Plaintiff’s inspection on completion of the construction, and at least 24(1)25% of the loss from the completion date (5%).
(Article 24(3). The Defendant’s construction price is KRW 10 million on June 1, 2009, KRW 500 million on July 16, 2009, KRW 300 million on August 28, 2009, KRW 2 billion on February 12, 2010, KRW 16 million on February 12, 2010, and KRW 290 million on November 11, 2010.