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1. The defendant shall pay 16,040,000 won to the plaintiff and 15% per annum from November 29, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 2015, the Plaintiff: (a) performed the work of receiving orders for the construction of solar power plants; (b) the Defendant is a company operating solar power generation business and equipment construction business; and (c) the Plaintiff paid business allowances to the Plaintiff when the construction of solar power plants in Suwon Sea is a company operating solar power plant.
B. Around February 2015, the Plaintiff was entrusted with the construction of solar power plants by Nonparty C, D, E, and F (hereinafter “Nonindicteds”) and was ordered to enter into a solar power plant construction contract between the Nonparty and the Defendant.
C. According to the Plaintiff’s orders, the construction contract for solar power plants was concluded between the Nonparty and the Defendant (representative G) or H (representative G) corporation by December 2015 with the following content until December 1, 2015.
1) On February 5, 2015, H Co., Ltd. (in a written contract, the contract date is indicated retrospectively as February 5, 2015).
B) On February 5, 2015, the Defendant entered into a contract with Nonparty C to set the construction cost of the IFW as KRW 1,374,120,00 (including value-added tax) for the said power plant (Evidence 6-1) and the Defendant entered into a contract with Nonparty D to complete the said power plant (including value-added tax) by setting the construction cost of the said plant as KRW 167,20,000 (including value-added tax) with Nonparty D on February 5, 2015.
(A) On February 5, 2015, the Defendant entered into a contract with Nonparty E to set the construction amount of K-powered power plants (including value-added tax) at KRW 167,200,00 (including the value-added tax) and the Defendant’s construction completion of the said power plant (Evidence 6-3) with Nonparty F on February 5, 2015, the Defendant set the construction amount of L-powered power plants (including value-added tax) at KRW 167,200,00 (including value-added tax) and concluded a contract with the Defendant to complete the said power plant (including value-added tax).
(No. 6-4). (d)