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(영문) 인천지방법원부천지원 2015.07.15 2014가합7697
영업비지급
Text

1. The Defendant’s KRW 41,745,00 for the Plaintiff and KRW 5% per annum from October 18, 2014 to July 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in solar energy, solar energy, and geothermal-related business with the trade name B, and the Defendant is a company that installs and manufactures environmental measurement control equipment, manufactures new renewable energy business, etc.

B. On January 28, 2014, when a subsidized business operator selected by the Energy Management Corporation as a unit of a certain region establishes a new renewable energy source, such as solar energy, solar energy, and ion heat, in the housing of consumers in the relevant region, the Plaintiff entered into a contract with the Defendant to install the Defendant’s hot-water pumps in his/her housing and pay some of the subsidies granted by the Energy Management Corporation and the local government to the Plaintiff as business expenses (hereinafter “the primary contract of this case”) with the content that, in relation to the energy management corporation and the local government’s subsidy for the installation of the Defendant’s hot-water pumps in its housing (hereinafter “instant project”), if the Plaintiff recruited consumers to install the Defendant’s hot-water pumps pumps in his/her housing, the Defendant established the above hot-water pumps pumps in his/her housing, and then, concluded a contract with the Plaintiff to pay some of the subsidies paid by the said consumers

[Purpose] Article 1 [Purpose] This contract provides for all the matters necessary for the plaintiff's operation of the equipment and facilities manufactured and installed by the defendant.

Article 2 [Scope of Business] Discovery of New Trading Places, Establishment of Business, Confirmation of Details of Installation Facilities, Estimation, and Confirmation of Contract Matters.

Article 7 [Business Expenses] ① General expenses incurred by the Plaintiff in conducting its business shall be borne by the Plaintiff.

(2) Within 15 days after the consumer deposits the down payment to the defendant and the consumer confirms the completion of deposit in the virtual account of the Energy Management Corporation, the defendant shall pay the down payment to the plaintiff 50% of the down payment to the business expenses.

(3) When a consumer renounces his/her business, the plaintiff shall immediately deposit his/her operating expenses to the defendant.

C. The plaintiff thereafter raises objection with the defendant.

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