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(영문) 대구지방법원 2018.08.22 2017나9235
계약금 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 2015, the Plaintiff established C Co., Ltd. (the trade name of which is changed to D Co., Ltd. on June 14, 2016, and E on January 24, 2017, respectively; hereinafter referred to as “C”).

B. On June 9, 2015, the Plaintiff introduced G real estate brokerage offices located in the Gyeong-si, Young-si (hereinafter “instant brokerage office”) from G real estate offices located in the Republic of Korea (hereinafter “instant brokerage office”) to a place where a solar power plant is installed, and established a plan to establish and operate solar power plants on the instant land along with I and J around that time, along with I and J, and transferred advance KRW 15 million to the Defendant’s account on June 9, 2015 while consultation with the Defendant on the conclusion of a contract for installation of solar power plant.

C. On July 21, 2015, C was permitted from the Port Mayor to operate solar power generation business on the scale of “facilities capacity 995kW, supply voltage 380V, radio frequency 60 Hz” by setting the period of business preparation as “36 months from the date of permission” among the instant land.

On July 31, 2015, the Plaintiff concluded a contract on the installation of solar power plants on behalf of the Defendant and the instant land (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

2. Date of completion: Within 180 days from the contract date (it may be changed by the authorization or permission period).

5. Contract amount: 1.4 billion won (excluding value-added tax);

6. Contract deposit: 15 million won (excluding value-added tax).

7. progress payment: 235 million won (excluding value-added tax).

8. Any balance of KRW 1150 million (payment after completion), 100 million (excluding value-added tax; 4) civil engineering-related persons, and the costs of permission, shall be borne by the business owner; 6) upon conclusion of the REC free contract, the amount of KRW 100 million shall be paid from the contract amount and returned to the business owner at the time of the loan of any balance.

7 Mediation for loan of financial rights, and 12.50 million won at the time of the conclusion of the EEC.

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