계약금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 22,50,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on August 31, 2012. < Amended by Act No. 12548, Aug. 19, 2014>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) On February 25, 2008, the Defendant: (a) requested the technical review of whether the power distribution line of solar power generation can be linked to the electric power distribution line (power 1,400kW) at the complete point of the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) around February 25, 2008 in order to install a solar power plant on the land outside and outside B of Jeonnam-do, Jeonnam-do; and (b) received a decision on the suitability of the technical review from the head of the complete branch of the Korea Electric Power Corporation on March 5, 2008.
(2) On March 20, 2008, on the basis of the above results, the Defendant applied for the use of distribution installations with the application capacity of 1,400 km for the installation of solar power plants at the Hando branch on March 20, 208. On May 6, 2008, the head of the Hando branch made a reply to the suitability of the technical review results (a linked).
(3) 피고는 위 회신을 토대로 2008. 5.경 전라남도지사에게 태양광발전사업허가 신청을 하였고, 전라남도지사는 2008. 5. 20. 피고에게 원동력의 종류 : 태양광(태양전지), 설비용량 : 1,400kW , 공급전압 : 380V/22,900V, 주파수 : 60㎐, 전기사업용 전기설비의 설치기간 : 허가일로부터 3년간으로 된 발전사업 허가를 하였다.
(4) On September 15, 2010, the Defendant applied for the use of electric installations for distribution at the Hando point in Korea, and on October 15, 2010, the head of Hando branch in Korea determined the suitability of the technical review result (power 1,400kW).
B. Around August 2011, C representing the Plaintiff entered into a transfer contract entered into with the Defendant to acquire electric lines of 1950kW with the electric power line capacity of 1,950kW from the Defendant with the following content (hereinafter “instant transfer and acquisition contract”). Around August 201, C paid KRW 30 million to the Defendant on the date of the instant transfer and acquisition contract as down payment.
Sales proceeds: 80 million won (a contract deposit of KRW 30 million shall be paid around August 201, and the remainder of KRW 50 million shall be paid after the completion of solar power generation permission on the premises of solar power plants).