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(영문) 수원지방법원 2020.12.24 2019가단564659

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 13, 2017, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a contract for the purchase and installation of solar power plants (hereinafter “instant contract”) with the Defendant on behalf of Plaintiff B, and with the Defendant, the Plaintiff Co., Ltd. manufactured solar power plants (hereinafter “instant power plant”) at the Dilwon-gun, Chungcheongnam-nam, and concluded a contract for the purchase and installation of solar power plants (hereinafter “instant contract”) with the effect that the Plaintiff Co., Ltd. will pay a total of KRW 210 million for the construction cost.

The main contents of the instant contract relating to the instant case are as follows.

Construction period: Construction cost of 40 days after obtaining permission for development activities and system capacity: 210,00,000 won for down payment (excluding value-added tax): 30,000,000 won for down payment (when issuing a performance guarantee bond for total project costs): 54,000,000 won for the first intermediate payment (when issuing a contract performance guarantee bond for total project costs) (the time when obtaining permission for development activities and obtaining system connections, and placing an order for installation materials), the second intermediate payment of KRW 63,00,000 for the remainder of KRW 52,50,000 (excluding the balance of KRW 5,000 after completion of the construction work) for development activities and obtaining system capacity, the application for permission for development activities and obtaining system capacity shall be made within seven days after the completion of the construction work in cooperation with the Plaintiff (hereinafter “Plaintiff”) and the Plaintiff (hereinafter “Plaintiff”) for installation of solar power plants in good faith and in cooperation with all necessary solar power plants (hereinafter “the Plaintiff”).

Article 19 (Cancellation of Contracts A) (1) "A" may cancel or terminate all or part of the relevant contract in any of the following cases:

1. Where a “B” fails to commence its business even after the date of construction agreed upon without any justifiable ground;

2. “B” violates the terms and conditions of the contract.