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(영문) 광주지방법원 순천지원 2018.12.11 2018가단73659
손해배상(기)
Text

1. The Defendant’s KRW 42,00,000 as well as 5% per annum from April 26, 2018 to December 11, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 28, 2017, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant on the terms and conditions of the construction/sale/construction/construction/construction/construction of solar power plants (hereinafter “instant contract”) of solar power plants with the following content in Ulsan-gun B (hereinafter “instant land”) and entered into the construction contract (hereinafter “instant contract”).

The construction of solar power plants in lots/construction contract;

1. Construction name: Installation works for solar power plants in C;

2. Location of power plants: Ulsan-gun B;

3. Contract term - Contract date: March 28, 2017 - December 30, 2017.

4. Contents of construction: 99kw authorization, permission and completion.

5. Sale amount: A determination of ten million won per day of the daily payment.

6.Time and method of deposit of completed portion: Payment by process - contract amount (10%) 21,00,000 - No one after obtaining permission for the development of the first intermediate payment: Purchase of land (20%) 42,00,000 (Omission)

2. Development activities and permission may be changed depending on the administrative situation;

(E) (Omission) Article 3 (Period of Construction Work) of the Terms and Conditions of the Construction and Sale of solar power plants and the terms and conditions of the Construction Work. (1) The period of preparation for construction work refers to the period of authorization and permission for commencement of construction work

(2) The total construction period shall mean the period of authorization and permission and the total construction period, and the total construction period shall be ten months from the date of a contract.

Provided, That it shall be extended to the number of days due to unavoidable reasons, such as delay of authorization and permission (permission for development activities).

(Provided, That the other party shall be notified in writing and the contract may be rescinded if any one of the parties (the plaintiff) or parties (the defendant) has failed to perform this contract under Article 8 (Non-performance of Contracts and Compensation for Damages).

(2) In the above cases, the defaulted party shall pay damages equivalent to 10% of the construction price to the other party.

(3) Where business is suspended due to force majeure events, both parties shall agree on the same conditions as this contract with other land.

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