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(영문) 광주지방법원목포지원 2020.10.28 2020가단52659
매매대금반환
Text

The defendant shall pay 30,00,000 won to each of the plaintiffs and 12% per annum from May 20, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On April 15, 2019, the Plaintiffs indicated respectively as “No. 19, 2020” and “ April 19, 2019,” but in light of the overall purport of the pleadings between the Plaintiffs and the Defendant, it seems that each of the instant contracts was concluded on April 15, 2019, in which the deposit was deemed to have been made.

The Defendant entered into a contract with the Defendant to respectively transfer part of the site and its ground solar power plant to the Plaintiffs (hereinafter “each of the contracts of this case”) on the land of insect cultivation company on the 12 parcel, Jeonsung-gun, Bosung-gun, and Jeonsung-gun.

The main contents of each contract of this case are as follows.

The respective contracts of this case between the Plaintiffs and the Defendant were concluded individually between the transferor and the transferee (hereinafter referred to as “A”).

hereinafter referred to as "B") shall enter into a contract for the supply, transfer, and acquisition of sites for solar power plants as follows. The name of the contract shall be as follows: The construction works on the lots outside 12 lots of solar power plants D: Electricity generation business permission, registration of electric utility business, pre-use inspection, electric power supply and demand contract, electrical construction design and supervision services, basic civil construction works, power plant fences installation works, electrical construction, total cost of building installation works: KRW 260,000,000 per day gold ( KRW 260,00,000): Eul shall pay to the financial institution designated by Gap the amount of KRW 30,000 which shall be paid as the down payment to Gap.

(2) An intermediate payment: A shall be paid to a financial institution designated by A at the time of receipt of a construction completion certificate with a KRW 30 million as an intermediate payment.

(3) Balance: A shall be paid for a financial institution designated by A, which has been subject to a full inspection conducted before the completion of construction by A.

(4) The adjustment of a contract price shall be deemed complete.

Article 1 A and B shall perform the following duties under the special contract terms for construction project:

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