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1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 3,636,364, and KRW 4,000,000 and each of the above costs.
Reasons
1. Basic facts
A. Around 2013, Plaintiff A entered into a contract with the Defendant on the following terms: (a) the Defendant shall install the main equipment and accessory equipment of 4 heading 99kW-based solar power plants (including a warehouse for the installation of solar power plants) on the ground of the former Young-gun, Young-gun; (b) the Plaintiff shall pay the Defendant the construction cost of 1,064,80,000 won (=26,200,000 x 4) [1,171,280,000 won where value-added tax and value-added tax are included (=292,820,000 x 4)]; and (c) the Plaintiff shall pay the Defendant the construction cost of 1,064,800,000 won (i.e., 292,820,000 won x 4).
B. In around 2013, Plaintiff B had a difference between the Defendant and the place where the said solar power plant is installed, and only the place where the said solar power plant is installed is “F ground in Yong-Namnam-gun,” and the other content was concluded the same contract as that of the said contract.
(hereinafter) The “each contract entered into between the Plaintiffs and the Defendant” refers to each of the instant contracts, and “each of the installation works that the Defendant would perform according to each of the instant contracts,” refers to each of the instant installation works, and “each solar power plant installed according to each of the instant installation works,” respectively, shall be the solar power plant of this case.
Under each of the instant contracts, the Defendant newly constructed a total of 16 warehouses (8 Dong-dongs against Plaintiff A and 8 Dong-dongs against Plaintiff B) (hereinafter “eight warehouses of this case”) for the installation of each of the instant solar power stations.
The construction cost of each warehouse of this case is KRW 272,00,000 (=34,000,000 x 8) (excluding value-added tax). The construction cost of each warehouse of this case is included in the construction cost of KRW 1,064,80,000 (excluding value-added tax) concluded by the Plaintiff and the Defendant.
The permission date for new construction of each warehouse of this case was September 27, 2013, and the commencement date was October 16, 2013, and the approval date for use was March 4, 2014.
G and H are the promoters and shareholders of Plaintiff A. H.