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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the purpose of the new and renewable energy facility construction business, solar power generation and solar cell facility business, and the Plaintiff’s Es Energy Co., Ltd. (hereinafter “Es Energy”) is a corporation with the purpose of developing, manufacturing, and selling solar batteries and solar power generation systems.
The Plaintiff and Es. Energy established a “soft General Industrial Complex on the roof, etc. to set up solar power generation facilities to produce solar power generation energy on the roof, etc. of the factory, etc., and to this end, the Plaintiff and Es. Energy established a Co., Ltd., a special purpose company for solar power generation (hereinafter “Estet”).
B. From April 2013, the Allied Art recommended the Defendant to install solar power generation facilities in the Defendant’s factory that is scheduled to be newly built, and the Defendant, on August 29, 2013, prepared and issued a written consent to the use of the building (hereinafter “written consent to the use of the building of this case”) with the following contents on the Alley Art:
Location: The area used by users of 757km, 57km, 5,000 square meters: 15 years, 30,000 won/km/years, 30,000 won/km/years
C. Around September 24, 2013, the Gagart obtained permission from the Do governor to install solar power plants in the Kimhae general industrial complex and to operate solar power generation projects. On October 25, 2013, the Gagart concluded a sales contract for the supply of new and renewable energy supply system with the content that new and renewable energy is to be produced using solar power generation facilities scheduled to be installed in the factories in Defendant and A and B, and that such energy is to be supplied to the GSP Co., Ltd.
On the other hand, around December 19, 2013, the defendant finally rejected the defendant's factory to install solar power generation facilities to the defendant's factory.
E. Alleyt shall be entitled to damage compensation and related rights arising from the Defendant’s failure to perform the building use contract on April 18, 2014.