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(영문) 대전지방법원논산지원 2020.07.23 2020가단10537
약정금
Text

1. The defendant shall pay to the plaintiff KRW 13,00,000 as well as 5% per annum from March 14, 2020 to July 23, 2020.

Reasons

1.In fact, investors A and B shall enter into a mutual investment explanatory note with respect to solar power generation projects as follows:

With respect to solar power generation projects promoted by Eul (the defendant; hereinafter the same shall apply), the purpose of this article is to confirm, in advance, certain preparation items between the parties and to confirm the progress of future investments, in relation to the fact that Gap (the plaintiff is referred to as the plaintiff; hereinafter the same shall apply) will provide certain funds.

Article 2 Section 2. The solar power plant B shall provide C 500 kw power plants in Sju-si, Gyeonggi-do.

Article 3: Conditions of Participation in Section 3 (As the issue of authorization and permission and the period required for construction are different for each land, it may be changed to another power plant in Echeon-si).

1. Eul shall provide A with a 500kw solar power plant after the conclusion of this Agreement.

2.For the purpose of commercial development after this Agreement, less than one year shall be required.

Article IVTerms of Power Plants

1. Up to KRW 800,000 of the total cost of construction;

2. A million won per annum of the rent for the land at the relevant power plant at a rate of 500 km.

3.The period of land lease contract shall be 25 years and later be donated to land owners in default.

4. Eul shall be responsible for the authorization, permission, design development activities and other various expenses.

Article VFinancial Investment Schedule

1. Investment: Daily deposit of KRW 40,000,000 and non-performance of Article 6 at the time of conclusion of a contract;

1. A shall pay A penalty of 80 million won to B when B intentionally fails to perform its investment obligations under this letter without any reasonable grounds, even though A fulfilled its obligations under this contract.

Article 7 In addition to the above general provisions of the special agreement, the following matters shall be determined as the special agreement, and in case of any conflict between the general matters and the special agreement, the special agreement shall be applied preferentially:

1. Gap shall establish a SPC Corporation to facilitate the progress of solar power generation projects by Eul;

2. Eul shall make an investment if the power plant is not completed by April 2019.

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