(영문) 대전지방법원공주지원 2019.08.21 2018가합20428

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(영문) 대전지방법원공주지원 2019.08.21 2018가합20428

손해배상 등 청구의 소

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1. The Defendants jointly share KRW 75,000,000 to the Plaintiff and Defendant B with respect thereto from November 1, 2018, and Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is a company running new and renewable energy (solar energy and wind energy), solar power generation, remanufacture, and sales business.

B. On April 12, 2017, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 2,500,000,000 (hereinafter “instant sales contract”) totaled of KRW 281,397 square meters of Chungcheong-gun, Chungcheongnam-do, the Defendants owned (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 150,000,000 as the down payment to the Defendants.

The main contents of the above sales contract are as follows:

2. Article 1 of the Terms and Conditions of the Contract / [Purpose] The seller and the buyer shall pay the purchase price by agreement as follows for the sale of the land of this case:

The sum of the purchase price shall be KRW 00,000,000,000,000,000,000,000,000,000,000 at the time of the contract, and, at the time of the contract, shall be paid on April 11, 2018.

Article 6 [Non-performance of Obligations and Compensation for Damages] If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

-Special Agreements -

1.The sale and purchase contract includes land, standing trees, and other fixtures, and I includes, before the remainder, the seller purchases and includes in this sale and purchase contract.

2. The seller shall provide the purchaser with a certificate of seal impression on the permission for solar power generation and the permission for development;

3. The period necessary for the purchaser to grant permission for solar power generation and development shall be one year from the date of the contract, and if it is inevitable, the seller may adjust it through mutual consultation.

4. The payment of any balance shall be permitted and developed by solar power generation.

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