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(영문) 춘천지방법원 2018.11.28 2017가단53732
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2017, the Plaintiff and the Defendant entered into a sales contract for the following contents for solar power generation business for the Plaintiff’s solar power generation business with respect to the forest land of 16,485 square meters (hereinafter “the instant forest”). The Plaintiff paid the down payment of KRW 60 million to the Plaintiff.

Article 6 (Payment on July 27, 2017), Article 6 (Non-performance of Obligations and Compensation for Damages), a seller (Defendant) or a purchaser (Plaintiff), of the purchase price of KRW 300 million (Contract Amounting to KRW 60 million) on the date of the contract, and the balance KRW 240 million on the date of the contract, may be notified in writing to the defaulted person and the other party may rescind the contract.

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

The necessary certificate of seal imprint, such as authorization and permission for solar energy projects under special agreement, shall be delivered to the purchaser nine copies and shall be provided more as necessary.

The buyer shall be the plaintiff and 00 others.

In the future, several changes shall begin in consultation with each other.

The seller accepts D's approval to use the above parcel again.

The letter of consent to use is received by the seller from the forestry cooperative of the above parcel.

The above contract shall be null and void.

The seller shall cooperate with the seller in particulars necessary for the authorization.

B. As of May 22, 2017, the Defendant requested E, the owner of 2,541 square meters or more prior to D, to provide a written consent to use that consented to use as an access road to the installation of solar power facilities as an access road.

C. On June 13, 2017, the president of G department for employees of F Co., Ltd. (hereinafter “F”) in charge of the Plaintiff’s representative director (hereinafter “F”) sent to the Defendant a note that the Defendant’s consent to the use of seven parcels, such as H, I, J, K, L, M, and N, is necessary for the installation of solar power generation facilities.

On July 2017, the Plaintiff shall advance the remainder payment date to the Defendant.

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