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(영문) 춘천지방법원강릉지원 2015.07.14 2015가합109

보증채무금

Text

Defendant’s KRW 250,00,000 and KRW 100,000 among the Plaintiff’s KRW 250,000,000 shall apply to the Plaintiff from November 21, 2014, and KRW 150,00,00.

Reasons

1. Basic facts

A. The defendant is the representative director of C Co., Ltd. (hereinafter “C”).

C received from D a contract for the construction work of solar power plants on E-ground 889.2kw in the East Sea.

B. On September 4, 2014, the Plaintiff entered into a contract under which the said solar power plant is transferred from the said D (hereinafter “instant contract”).

In addition, C and the defendant as the contractor jointly and severally guaranteed D's obligations.

Details of detailed contracts shall be as follows:

Article 1 (Amount of Transfer and Receipt) D promises to collectively transfer to the Plaintiff KRW 1,971,430,000.

Article 3 (Time of Transfer and Receipt) The time of transfer and takeover shall be based on the pre-use inspection after the completion of construction works, since electric power trading should be conducted after the completion of construction works only after the completion of construction works due to the characteristics of solar power generation business.

Article 5 (Other Special Terms and Conditions) All acts such as the name of construction works and the progress of financial loans under all construction works shall be conducted in the name of D, and the plaintiff shall acquire all rights and obligations related thereto according to the transfer and acquisition procedures after the completion of the construction

Of the total sum of KRW 195,000,000 (195,000,000) incurred in carrying out construction works for solar power generation facilities, the difference excluding KRW 160,000 (160,000) for financial loans shall be borne by the Plaintiff with its own charges.

6. Where construction works are not completed inevitably, a joint and several sureties and the Si Corporation shall refund to the Plaintiff the equity capital funds deposited by the Plaintiff.

7. This transfer and acquisition agreement shall become null and void if it is deemed difficult to carry on the project due to the establishment of financial funds required for construction works of the Fso-powered power plant.

C. On September 5, 2014, the Plaintiff remitted KRW 250 million to C account as down payment. D.

D) A financial institution intends to obtain a loan of 1.6 billion won at a financial institution, but it is impossible to obtain a loan due to the decline in credit rating, and thus Fsolar power generation facilities.