계약해지무효 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 21, 2013, the Plaintiff entered into a negotiated contract with the Defendant for the production of a deep sea-line fish farming facility, site placement, and the establishment of a breeding net (hereinafter “instant contract”) with respect to the business of building the foundation of a spawn-gun of Jinjin-gun, Cheongjin-gun, Incheon (hereinafter “instant business”).
Contract amount: 5,685,400,000 won: Period of delivery for 240 days from the date of commencement: June 18, 2014: 16,200 feet, paper 17,031,60 feet, placement of a training network and on-site installation 89,640, 10 maritime beacon lights installed;
B. On October 21, 2013, the Plaintiff entered into a performance guarantee contract with Seoul Guarantee Insurance Co., Ltd., and submitted to the Defendant a guaranty insurance policy of KRW 568,540,000 for the contract deposit.
C. On November 6, 2013, the Defendant paid KRW 2.2 billion to the Plaintiff as advance payment under the instant contract. The Plaintiff concluded a guarantee agreement with the Korea Technology Finance Corporation and submitted the said guarantee insurance policy to the Defendant.
The plaintiff was planned to fix it to the aquaculture to be installed in the Incheon Cheongcheon-gun, Incheon, after growing the spawal spawals in the vicinity of the Chungcheongnam-gun, and entering the training network. However, the spawal spawal spawal spawal, which had been growing in the Cheongcheon-gun, Chungcheongnam-gun
On May 27, 2014, the Plaintiff requested the Defendant to extend the contract term of the instant case by December 31, 2014, on the grounds that “a large quantity of a plaque was discarded due to the unauthorized discharge of wastewater from an Kim Processing Factory established in the vicinity of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do,” etc. However, the Defendant respondeded that the extension of contract term is impossible on June 17, 2014.
E. The Plaintiff established only 12,624 sets of soft farming sets up until the delivery deadline of the instant contract, and failed to comply with the breeding straw, and the Defendant on June 24, 2014.