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(영문) 광주지방법원 2021.01.08 2019가합52725

손해배상(기)

Text

1. The Plaintiff, Defendant B, Defendant D, Defendant D, KRW 4,030,136, Defendant G, Defendant G KRW 1,246,575, Defendant I, and Defendant I, respectively.

Reasons

Basic facts: (a) around October 2016 to November 2011, the Plaintiff entered into a contract with the Defendants for the overall installation of solar power generation facilities (hereinafter “each of the instant contracts”) with the company operating solar power generation equipment; and (b) the Defendants paid the down payment to the Plaintiff at the time of the conclusion of each of the instant contracts.

The construction period: From October 10, 2016 to April 30, 2017: Provided, That each contract of the defendant L and the defendant M entered the construction period from November 3, 2016 to June 30, 2017.

- Contract amount: 669,90,000 won ( down payment: 75,90,000 won, 1, and 82,500,000 won for the second intermediate payment, and 429,000,000 won for the remainder payment) - Defendant I: 46,60,000 won for the first and second intermediate payment ( down payment: 50,600,000 won, 1, and 286,000,000 won for the second intermediate payment, and 286,00,000 won for the remainder payment: 0,000,000 won for the first and second intermediate payment; 0,000,000 won for the first and second intermediate payment; 0,000,000 won for the second intermediate payment; 23,300,000,000 won for the second intermediate payment; -305,000 won for each of the above Defendants;

1. Modr products: Hanr products, buter SMA products;

2. The completion date according to the characteristics of solar power generation projects shall be the day before use;

Article 7 (1) A (Defendants) shall pay the down payment, intermediate payment, and remainder in accordance with the terms and conditions of the contract.

(3) If a party fails to pay the price in the contract, the party shall pay the interest equivalent to 20 percent per annum to Party B.

Article 8 (1) If he/she fails to complete the production and trial operation within the deadline for the construction works specified in the contract, he/she shall calculate and pay the prize money without delay to A.

Standard rate: 20%/year N head of the Gun shall be the Defendants under each contract of this case on January 19, 2017.