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(영문) 서울고등법원 2017.08.22 2017나2014527
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 17, 2014, B entered into a contract for the installation of solar power generation system 170.1kWp (hereinafter “the first contract in this case”) with the Defendant on the ground located on the ground in the East Sea at the same time. On March 20, 2014, B applied for an electricity generation business license to the Governor of Gangwon-do on March 20, 2014, and was accepted on May 7, 2014.

B. B decided to establish a solar power generation system using the thring or bring 4 buildings, in addition to the above thring building (hereinafter referred to as “instant amendment contract”), and applied to the Governor of Gangwon-do for a change in the capacity of equipment from 170.1kW to 564.3kWp on July 10, 2014. Based on this, on October 7, 2014, B entered into a contract for the change of installation with the Defendant to increase the capacity and contract amount of equipment (hereinafter referred to as “instant change contract”), including “the instant initial contract” and “the instant amendment contract” as “the completion date,” and extended from March 30, 2015 to August 31, 2015.

C. Meanwhile, the Ministry of Trade, Industry and Energy’s guidelines for the management and operation of the mandatory supply system of new and renewable energy (hereinafter “instant public notice”), which is the public notice of the Ministry of Trade, Industry and Energy, applied the weight of supply certificates to 1.5 in the event that solar energy is installed using existing facilities, such as buildings, etc.

The above amendment was applied to the solar energy system installed in the wing building, which had existed in the wind to which the notice of the above amendment was applied, and the weight 1.5 was granted to the solar energy system installed in the wing building, and after the date of permission for electricity generation business (e.g., May 7, 2014),

(a) installed in a building;

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