용역비
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons for the acceptance by the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the reasoning of the court of first instance is identical to that of the court of first instance, except for the
2. The 10th to 7th of the judgment of the court of first instance shall be added to the parts that are used or added as follows.
[3] Meanwhile, the Defendants cancel each of the instant contracts on the grounds of the Plaintiff’s nonperformance of obligations as follows.
① According to each of the instant contracts, the Plaintiff neglected to obtain permission for development activities within 90 days from the date of conclusion of the contract, and did not obtain permission for development activities until September 2017.
② The Plaintiff under each contract of this case failed to perform the duty of performance guarantee and the duty of performance guarantee for defects, which are prior performance guarantee.
③ Although the Defendants’ selection of the design office is the most essential content of each of the instant contracts, the Plaintiff did not conclude the design office and contract designated by the Defendants. However, the Plaintiff violated the agreement on the selection of the design office, which is the content of each of the instant contracts.
4) In addition, the instant secondary contract is not in trust between the parties with the failure to pay the down payment, and thus, the contract is not concluded. 5) Lastly, the Defendants are in a situation where the contractual relationship with the Plaintiff is terminated and a new company is selected to operate the solar power generation business, but it is impossible to obtain new permission for the solar power generation business, so each of the instant contracts constitutes an original impossibility.
"Witness J" of the 11th, 4, 12th, 5, 14, 15, and 13th and 18th of the judgment of the first instance. The following shall be added between the 15th and 13th of the judgment of the first instance. "Third last, on the ground of the violation of the agreement on the selection of a design office, the grounds for cancellation shall be examined."