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(영문) 대전지방법원서산지원 2020.11.24 2020가단51575

중도금

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the statements in Gap evidence Nos. 1 through 3, the plaintiff and defendant B Co., Ltd. (hereinafter "the defendant B") concluded a contract with the plaintiff requesting the plaintiff to provide the plaintiff with the consulting services (E Association and F Association) on or before December 11, 2018, which is to accept the contract (hereinafter "the service contract in this case"). ② Article 2 of the service contract in this case provides that KRW 50 million shall be paid immediately after the contract is concluded with Eul, and the remaining KRW 100 million shall be settled at the ratio of business rights of the subject goods through Eul (the method of settlement and consultation). ③ In the service contract in this case, even after the contract in this case, the contract in this case constitutes a contract cancellation of the contract between the defendant B and the intermediate payment of KRW 50 billion and the total payment of KRW 50 billion shall not be recognized.

2. Determination

A. As the Plaintiff asserts regarding the claim against Defendant C, the fact that the above Defendant remitted KRW 55 million equivalent to the down payment of the instant service contract to H Co., Ltd. around April 12, 2019, to the Plaintiff, although there is no dispute between the said parties, it is insufficient to recognize that the said Defendant is a party to the instant service contract or bears the contractual obligations, and there is no other evidence to acknowledge it.

B. As to the claim against Defendant B, the Plaintiff entered into the instant service contract with respect to the D-solar solar development project jointly undertaken by the Defendants, and the land owners and owners for solar power generation projects between Defendant B and G.