약정금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Defendant is a company established for the purpose of manufacturing and installing solar energy, solar energy racker sales facilities.
B. On July 2017, the Plaintiff and the Defendant arranged the Defendant’s receipt of orders for the installation of solar power infrastructure, and the Defendant agreed to pay the Plaintiff a good offices fee in the name of business allowances when the Plaintiff receives the full payment of the construction cost upon completion of the pertinent construction works awarded. (hereinafter “Agreement”).
After that, the Plaintiff arranged several times to enable the Defendant to take charge of installation of solar power infrastructure and received part of the brokerage fee from the Defendant.
(c)
On March 19, 2018, the Defendant entered into a contract for the installation of solar power plants (hereinafter “instant construction”) with the company in charge of the construction of solar power plants (hereinafter “non-party company”) with a capacity of 450kW solar power generation facilities, with respect to the construction of the development capacity of 450kW solar power plant (hereinafter “instant construction”) located in the Chungcheong-gun D land and a factory located in E land ordered by the non-party company (hereinafter “non-party company”). < Amended by Act No. 720, Mar. 19, 2018.
(d)
around August 2019, the Defendant completed the instant construction (45.525kW of the actual equipment capacity)
(2) On August 16, 2019, the non-party company entered into a contract with the Korea Electric Power Corporation and the Korea Electric Power Corporation on the same day with respect to the foregoing solar power generation facilities.
E. 1) On September 9, 2019, Nonparty Company decided to settle the balance of the construction cost of this case with Defendant and the Defendant, and prepared a written confirmation with the following content (hereinafter “written confirmation”).
The non-party company established new solar power plant facilities of 448.365kW on the roof of the factory of the non-party company located in Chungcheongnam-gun E in Chungcheongnam-gun, Chungcheongnam-do, and confirmed that the balance of the total amount of the construction proceeds 200 million Won out of the total amount of the construction proceeds would be paid in the following schedule:
- Asia - October 5, 2019