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(영문) 전주지방법원 정읍지원 2018.01.16 2016가단12425
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 100 million and the amount calculated from September 11, 2015 to January 16, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that runs the business of installing solar power plants, etc., and Defendant C is an internal director of the Defendant Company.

B. Around April 20, 2015, the Defendant Company entered into a contract with the Plaintiff on April 20, 2015 (hereinafter “instant provisional contract”) under which the Plaintiff would secure Han electric lines to install solar power plants on the land of Jung-gu, Jung-gu, Si, E, F, and G, the Plaintiff owned (hereinafter “instant provisional contract”). The Plaintiff paid KRW 10 million to the Defendant Company on the same day.

The main contents of the instant provisional contract are as follows.

H H W W W W 498kW Construction Contract - Contract Amount: 498kW - Contract Amount: 10,000,000 won in advance - The effect of the contract: The contract is effective until Han Power Line is secured, and the contract is entered into until Han Power Line is issued and the power plant construction works are entrusted to the Defendant Company. - The contract is entered into at the time when the Plaintiff pays advance payment to the Defendant Company and is established at the same time, and if it is inevitable to secure Han Power Line, the Defendant Company must immediately return advance payment to the Plaintiff.

C. On September 11, 2015, the Defendant Company entered into a contract with the Plaintiff under which solar power plants are installed on the land of Jung-gu E and F in Jung-do, E and F (hereinafter “instant contract”). Around that time, the Plaintiff paid KRW 90 million to the Defendant Company.

The main contents of the instant contract are as follows.

I W WIT 500kW Construction Contract - Contract Amount: 1.1 billion won: - Payment of down payment: 100 million won (public space) - Payment of down payment: 100 million won (public space in advance and remainder amount) - Payment of the advance payment under special conditions shall be borne by the Plaintiff, and all expenses except the expenses of the advance payment shall be borne by the Defendant Company.

The defendant company shall use the policy funds executed by the Government in order to set the terms and conditions of appropriation for the work price, and the interest rate through financial institutions.

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