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(영문) 서울고등법원 2018.01.25 2017나2039229

손해배상(기)

Text

1. All appeals against the Plaintiff (Counterclaim Defendant) and the primary claims added at the trial are dismissed.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. (1) In around 2009, the Plaintiff entered into a contract for the new construction of a power plant (hereinafter “instant power plant”) on each land owned by the Plaintiff to the Defendant in the official city C, D, and E (hereinafter “instant power plant”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

(2) The contract for construction works (hereinafter referred to as “instant contract”) under which the contract is made;

(2) On February 18, 2010, the Plaintiff concluded a contract with the Defendant to pay the construction cost immediately to the Defendant. ① The construction cost of the instant case shall be KRW 1,416,80,000 (excluding value-added tax) and the construction period shall be from March 1, 2010 to May 30, 2010. The Plaintiff shall obtain a loan from a financial institution, and the Plaintiff shall obtain a business agreement to pay the construction cost in advance with its own funds before the said loan is executed (hereinafter “instant business agreement”); ② the Defendant shall grant a loan to the Plaintiff to pay the construction cost of KRW 1,416,80,00 to the Defendant immediately after receiving a loan from a financial institution; ③ the Plaintiff shall make a loan from a financial institution to the Plaintiff; ③ the Plaintiff shall make a loan to the Plaintiff to pay the construction cost of the instant case to the Plaintiff; and ④ the Plaintiff shall make a loan to the Plaintiff’s transfer of the Plaintiff’s claim to the Plaintiff; ④ the Plaintiff’s transfer of the construction price of the instant case to the Plaintiff.

B. Around June 1, 2010, the Defendant completed the instant electric power plant and delivered it to the Plaintiff.

From that time, the Plaintiff is operating a solar power generation business with the trade name “G” using the instant power plant.

C. The Plaintiff is entitled to the payment of construction cost.