(영문) 서울서부지방법원 2015.11.25 2015가합32394

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(영문) 서울서부지방법원 2015.11.25 2015가합32394

손해배상(기)

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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 198,00,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from January 15, 2015 to November 25, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff and B concluded a contract to install solar power plants (hereinafter “instant construction contract”) with the Defendant with the following content.

1. Name of contract: Installation of 2,000kW water supply by solar power plants;

2. Place: D and seven parcels, other than 3, and the contract period: From December 3, 2013 to December 3, 2013 (the contract completion date: July 30, 2014);

4. Contract amount: 3,960,000,000 won (including value-added tax); and

7. Payment: There is no down payment (no down payment is made), the terms and conditions of the first intermediate payments and the second intermediate financial loans, and the remainder 10% (360,000,000 won) shall be paid on the date of completion of the pre-use inspection: Celectric power plant representative director (the personal seal of the defendant is affixed): B Co., Ltd. (E), the plaintiff, the joint contractor E, and B shall enter into a contract for the design, construction and maintenance of solar power generation system under the following conditions:

Article 1 (Scope of Contract) The construction cost and the full amount of the price to be borne by A shall be loaned from A bank and constructed by B.

B shall be entitled to obtain permission (the issuance of a report completion certificate on development activities and an electricity supplier's license) for additional construction works other than this contract.

License refers to development activities, i.e. power generation business license.

Article 4 (Cancellation of Contract A) (1) A may cancel or terminate all or part of the contract in the following cases:

1. Where he/she fails to commence his/her business even after the agreed delivery date has elapsed without justifiable grounds;

2. Where it is obviously deemed impossible to complete within the payment period due to any cause attributable to the principal.

3. Where it is deemed that the purpose of the contract cannot be achieved due to the violation of the terms and conditions of the contract of the B.

Article 5 (Cancellation of Contract) (1) B shall cancel all or part of the contract in the following cases:

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