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(영문) 대전지방법원 2020.11.19 2019나119044
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

A. On June 25, 2018, the Plaintiff entered into a contract with the Defendant for the construction of solar power generation facilities and services (hereinafter “instant contract”) with respect to the Japanese land in the Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant project site”), with respect to the amount of KRW 556,050,000, as follows:

Article 4 (Scope of Services) The defendant shall conduct all business affairs by the time of completion of construction until the electric generation business permission, construction plan report, pre-use inspection (electric construction completion), electric power supply and demand contract, report of commencement of business, application for confirmation of facilities, and RPS bid (long-term contract) in the year concerned.

Provided, That where the plaintiff is proceeding with permission for development activities, all the affairs of change of development activities and completion shall be conducted by the plaintiff.

The defendant shall perform all the duties, such as the execution of electricity design and supervision by proxy.

The defendant shall carry out the construction works of civil engineering (site rearrangement, drainage facilities, etc.), the basic concrete building of structures, the supply and installation of structures, the supply and installation of equipment and materials, the installation of rackers, the installation of electricity rooms and fences.

The defendant shall continue to provide services for the calculation of the development contribution, and the plaintiff and defendant shall cooperate with each other as much as possible so as to minimize the burden of expenses.

Article 6 (Time of Payment for Construction Costs of Power Generation Facilities) The matters included in the contract amount under Article 7 (Contract Amount and Other Expenses) within seven days after the inspection on the remainder of the payment immediately after receipt of the permission to engage in the first development activities twice immediately after the second first development works of the intermediate payment immediately after receipt of the permission to engage in the development activities at the time of the conclusion of the contract for construction works and services: An amount including the authorization and permission, electric design, supervision services and construction works of power plants, pre-use inspection and rental services.

(hereinafter referred to as "the amount of electric power generation" is not secured for a long time after the permission for the electric power generation business under Article 18, or it is judged difficult to continue the business due to force majeure during the above period.

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