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(영문) 부산지방법원서부지원 2020.11.10 2020가단103267
계약금반환청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 13, 2017, the Plaintiff concluded a contract for the installation of solar power plants (hereinafter “instant construction”) with the Defendant as the contract period, and entered into a contract for the construction of solar power plants (hereinafter “instant contract”) with the following contents:

Article 1 (General Terms and Conditions of Contracts, etc.) (1) of the Contract Terms and Conditions of this case: Installation of solar power plants (97.92kw: 2. Place: D and 2,000,000 won (including value-added tax) for 176,000 won: from December 13, 2017 to December 30, 2018. The contract term: Cash (based on the terms and conditions of financial companies in the case of PF) - the down payment amount of KRW 10,000,000 after acquisition of permission for development - 70% (12,320,000 won), - The remainder payment after acquisition of permission for development - 10% (12,320,000 won), - 100,000 won (1760,000 won), - 100,000 won (1760,000 won) before the inspection before the cancellation or termination of the contract (1)

1.A may rescind or terminate all or part of this Agreement in any of the following cases:

B (Defendant) Where he/she fails to commence business even after the date of commencement without any justifiable reason;

4. Ten percent of the amount of a construction contract shall be compensated for when terminating a contract after approval for development activities is granted;

(2) Termination of the contract of Eul-Defendant

1.B may rescind or terminate all or part of this Agreement in any of the following cases:

(c) Where it is impossible for the plaintiff to achieve the purpose of the contract, such as failing to comply with the terms and conditions of the contract, requesting the adjustment of the contract amount, etc. without justifiable grounds;

B. The Plaintiff paid KRW 3 million to the Defendant on December 15, 2017, and KRW 2 million on December 18, 2017, and paid KRW 5 million out of the down payment under the instant contract.

C. Prior to the conclusion of the instant contract, the Defendant obtained permission for solar power generation business under the Plaintiff’s name on November 28, 2017, and obtained permission for development activities on May 9, 2018.

[Ground of recognition] There is no dispute.

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