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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the underlying facts do not conflict between the parties, or may be found as being based on Gap evidence Nos. 1 to 7, Eul evidence Nos. 1 to 9 (including a Serial number; hereinafter the same shall apply), Eul evidence Nos. 13, 14, 21, 22, 23, and 24, and some testimony of Eul as a whole.
(1) The status of the party (1) Nonparty D (hereinafter “D”) is a company established mainly for the development, manufacture, and sale of solar energy and wind power generation systems, and the Plaintiff is a company established by division from D on January 8, 2014.
(2) The Defendant, as an affiliate affiliated to the E Group, was a company established for the principal purpose of the construction and operation of solar power plants, and merged F, an affiliate affiliated to the same group on July 4, 2016.
(hereinafter referred to as "the defendant's side"). B.
(1) The E Group was unable to set up a solar power generation system on the 16 factory roof of affiliated companies of the nationwide group and planned to sell the power produced therefrom.
(2) Accordingly, between D and D on November 30, 2012, the Defendant concluded a contract for construction works with the contract amount of KRW 13,674,838,00 with respect to the construction of the solar power generation system for 12 factories in E Group (hereinafter “instant solar power generation system”) and the construction period from November 15, 2012 to January 31, 2013, setting the contract amount as 0.3% of the contract amount for delay as 0.3% of the contract amount.
(3) Meanwhile, between Non-Party F and D on October 14, 2013, with respect to the construction of the solar power generation system for the remaining four factories (hereinafter “instant solar power generation system”). The contract amount is KRW 4,925,60,000 and the construction period is October 14, 2013.