1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

A. On May 16, 2008, the Plaintiff entered into a contract for the supply of solar container wafers for solar batteries 1) The Plaintiff is a smartis company on May 16, 2008 (hereinafter “ smartis”).

(2) As between the Parties, the amount of annual supply and unit price shall be determined in advance and shall be from Smart Ros for six years from 2009 to 2014, to the end of six years from the date of 2009 to the date of 2014.

(A) A contract under which the sum of USD 111,468,000 is equivalent to the sum of KRW 19,200,000 (hereinafter “instant supply contract”).

A) The supply year 2009 2010 201 2012 2012 2013 2013 7.30.5 6.73 5.20 6.5 5.73 1.200,000 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million c.6 million 3.6 million c.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million 3.6 million , considering the market situation, the unit price adjustment can be adjusted once a year through mutual agreement.

The extent of adjustment shall be calculated by multiplying the remaining unit price less than 【5% of the contract unit price for the pertinent year (Article 2(1)); the buyer shall pay 10,1100,000 dollars to the supplier in three installments until December 15, 2008 (Article 3(1) and (2)); and at the time of the supply of wafers, the buyer shall claim for the supply amount by multiplying the remaining unit price less the advance payment per head specified in Article 3(3) (referring to the amount equivalent to 10% of the contract unit price) from the contract unit price for the pertinent year.

(Article 3(4)) The provisions of each subparagraph are defined.

3) On July 2, 2009, ELPion Co., Ltd. (hereinafter “ELP”) from Smart Epis (hereinafter “ELP”)

The supply contract of this case was established by division and comprehensive succession of the status under the supply contract of this case, and thereafter the trade name of ELE does not distinction between the defendant (hereinafter referred to as "the defendant") and ELE and the defendant before division, all "the defendant".

B. A partial amendment to the instant supply contract was made. The solar batteries industry began to grow rapidly from around 2006 to around 2008. At the time, the solar batteries manufacturers are stable as a raw material for solar batteries.