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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that manufactures, sells, installs, and distributes new and renewable energy systems, such as solar heat, and manufactures, installs, and distributes solar power generation systems (such as servers, transformers, blocking devices, etc.), solar power generation business, solar power generation business, solar power plant, and wind power plant, and engages in the development, design, financing, construction, management, and operation of new and renewable energy power plants. The Defendant is a legal entity that engages in new energy (water-power energy, solar energy), consulting, business development, and power generation.
B. On January 18, 2017, the Plaintiff and the Defendant concluded a supply contract on the solar power generation facilities of 6.1M on the land (hereinafter “instant electric power plant”) on the 10,560,000 won of the contract amount (including value-added tax) and the expiration date of the project period on June 30, 2019. The Plaintiff and the Defendant concluded the instant contract on the 6.1M on the 10 parcel, other than Gyeongbuk-gun, Gyeongbuk-gun, and 10 parcels, and the main contents of the instant contract are as follows.
As a result of the review of the data on the construction of solar power plants below D-solar power plants proposed by the Plaintiff, the Defendant has determined the Defendant’s investment, and concludes a 'this Agreement' with the following contents:
Article 1 The objective of this Agreement is to regulate the obligations of the Defendant to deliver the power plant to the Defendant after completing the construction of the power plant after all kinds of authorization and permission related to the lease of the site of the main power plant and the business including civil petitions.
Section 2 Location of the project site in the present site of the main power plant: Gyeong-do Nutrition C and 10 parcels outside of Gyeongbuk-do
1. Area: A cemetery of approximately 32,000 square meters shall be excluded;
2. Project costs: 9.6 billion won (1.6 billion won/M) (excluding surtax);
3. Equipment capacity: 6.1M (Apparable when detailed drawings are carried out).
4. The expiry date of the project period: June 30, 2019 (the coordination with the defendant in accordance with the PF price schedule);
5.Other: The project cost incurred by the modification and modification of the above facility capacity shall be adjusted at the price of MW.