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(영문) 청주지방법원 제천지원 2018.01.10 2016가단21946

계약금반환 등

Text

1. The Defendant’s KRW 14,00,000 for the Plaintiff and the following: 6% per annum from December 15, 2016 to January 10, 2018.

Reasons

1. Basic facts

A. On March 2016, the Plaintiff entered into a provisional contract with the Defendant, a company for the installation, sale, etc. of solar power plants, under which the Plaintiff owned part of the Plaintiff’s land 1,322 square meters (hereinafter “instant site”) to a new installation of solar power generation facilities (hereinafter “instant power generation facilities”) on the ground, which is part of the Plaintiff’s land owned, and paid KRW 5,00,000 as a provisional contract amount.

B. On behalf of the Plaintiff, the Defendant applied for a license for the electric generation business of the above solar power generation facilities at the time of suncheon, thereby obtaining a license for the electric generation business on June 20, 2016.

Article 3 [Construction Costs and Payment Methods] of the Construction Contract for solar power generation facilities

1. Total construction cost: 185,000,000 won;

2. When the permission for the power generation is completed: 29,000,000 won.

3. Part payments (when the development permission is completed): 6,000,000 won;

4. The balance: Article 7 [Cancellation of a contract and compensation for damage] of the 150,000,000 won shall be waived at the time when the plaintiff only paid the down payment, and where the contract is unilaterally terminated by the defendant, the defendant shall compensate the plaintiff for the double amount of the down payment.

C. On July 11, 2016, the Plaintiff agreed to contract the Defendant with the construction of the instant power generation facilities and various authorization and permission business for the construction thereof in KRW 185,00,000 (hereinafter “instant contract”), and paid KRW 24,000,000, which is the remainder after deducting the provisional contract amount already paid from the down payment on the same day.

Of the terms of the instant contract, the part related to the issues of the instant case is as follows.

On October 4, 2016, the Defendant applied for permission for development activities on behalf of the Plaintiff for construction works of the instant power generation facilities.

On October 12, 2016, Jeju City requested the Plaintiff to supplement development activities including the following complementary matters:

Permission for development activities according to an application for permission for development activities.