1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On November 30, 2007, the Plaintiff was awarded a contract for construction of 1.5 MW-level solar power plants at the 20th Gyeong-gun, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, with the construction period fixed from January 1, 2008 to May 31, 2008 (excluding value-added tax) as KRW 9,60,000 for construction cost, from January 1, 2008 to May 31, 2008.

(hereinafter “The instant construction contract”). Since then, the Plaintiff and the High Troop power generation extended the construction period of the instant construction by September 10, 2008 through two changes agreements.

Article 10(2) of the instant construction contract provides, “The quality assurance of solar batteries, among the goods, shall be replaced by a manufacturer’s quality assurance certificate for 20 years, taking into account the reduction rate of solar batteriess.”

B. On January 31, 2008, the Plaintiff drafted an order ordering the Defendant to place an order for solar batteriess equivalent to USD 5.926,252.5 (hereinafter referred to as USD 5.926,252) via B to procure the solar batteries necessary for the instant construction project.

The above order is written by the Plaintiff as a buyer and the official seal of the representative director of the Plaintiff is affixed to the Plaintiff. On the other hand, the seller includes the Defendant’s trade name, but there is no seal of the Defendant’s representative director and the seal is affixed

Paragraph 5 of the above order contains a statement to the effect that the quality guarantee period is 20 years from the date of the test commencement approval.

C. On February 2, 2008, the Plaintiff entered into a modified contract with the content that: (a) the quantity of the solar batteries to be supplied by the Defendant from 170W to 125W; (b) the price from 5,926,252.5 to 5,805,440 dollars; and (c) the modification contract with the content that the date of supply of the solar batteries was changed from June 3, 2008 to June 25, 2008; and (c) the price of the solar batteries tank on August 2008 to 5,805,40 to 3,92,725 dollars; and (b) the supply date was changed from June 20, 2008 to 5, 2008.