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1. The Plaintiff (Counterclaim Defendant) pays KRW 28,577,00 to the Defendant (Counterclaim Plaintiff).
2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of civil engineering, construction work, and new and renewable energy business, and the Defendant is a personal entrepreneur who operates solar power plant in the trade name of “C”.
(2) On February 10, 2017, the Plaintiff entered into a contract for construction works (hereinafter “the previous contract of this case”) with the Defendant, under which the Defendant entered into a contract with the content that the construction works for solar power plants at the contract price of 350,700,000 won ( approximately KRW 1,450,000 per kilogramW), and the period of construction from February 10, 2017 to February 10, 2017 within two months (within February 9, 2019) for each of the contracted contracts (hereinafter “the previous contract of this case”).
(3) The Defendant paid KRW 38,577,00 to the Plaintiff on the day of the contract, as down payment, KRW 38,57,00 to the Plaintiff on the day of the contract, on the day when the contract was concluded, as the vice president F in the Plaintiff’s side, and the Defendant’s husband in the Defendant’s side and the actual operator of the C-power plant, as the effect of F and G belongs to the original and the Defendant, since both the effect of F and G acts belongs to the original and the Defendant.
(4) However, the Defendant sold Jincheon land on March 16, 2017 to Nonparty H and completed the registration of ownership transfer on the 22th of the same month.
B. The Defendant sought to purchase a new land immediately after the purchase of the new land and negotiation and display of a contract (1) requested the Plaintiff to color the site when requesting the installation of a solar power plant on the land to determine whether it is possible to do so. The Plaintiff received the Defendant’s request and examined various land from April 2017 to June 2017, and then notified the Plaintiff of the results thereof.
(2) On September 17, 2017, the Defendant finally decided to purchase land I located in Echeon-si (hereinafter “Echeon-si”) and the Plaintiff.