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(영문) 서울고등법원 2016.04.22 2015나2062263
사업착수금반환
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for 300,000,000 won.

Reasons

1. Basic facts

A. On December 8, 2010, the Plaintiff entered into a joint and several surety agreement with Defendant A, stating that the following terms and conditions (hereinafter “instant agreement”), and Defendant B and Defendant B, on February 14, 2011, “where Defendant A fails to perform all the duties under the instant agreement, Defendant A shall return all of KRW 300 million, and if Defendant A fails to return it, he/she shall return it to the Plaintiff without any condition of KRW 300 million.”

1.The objective of this Convention is to closely consult and initiate the work necessary for the implementation of the project in order to ensure the successful creation of wind power generation complexes in Chile C and D areas with mutual cooperation between the Parties.

2. Details and scope of business;

(a) North Korean Dos C: Total of 200 MW (2M x 100 x 100);

(b) Area D in China and South: Total of 200 MW (2MW x 100 x 100);

(c) Scope of duties between the parties to a mine area-centered survey on wind resources (Defendant A);

(a) Local financing (30% of the total project cost);

(b) Payment guarantee for local banks (70% of the total project cost);

(c) Acquisition of site for a development complex (C area);

(d) Electricity sales contract (PPA)

(e)on-site licensing and cooperation in external business / [Plaintiff]

(a) Feasibility study and analysis of business;

(b) The supply of wind power generators (cella, typ, strings);

(c) Basic and detailed design for a development complex;

(d) Works for the creation of a development complex (civil engineering, electricity, construction, telecommunications, etc.);

(e) Transportation (marine, inland transportation) and installation of main equipment and materials;

(f) The Korea Development Equipment Telecommunication Association;

(g) Supervision of maintenance and repair;

4. The Parties to the Liability Convention between the Parties to this Convention shall recognize the exclusive status of the project and shall make every effort to ensure the successful implementation of the project.

In addition, the project progress plan shall provide the necessary information between the two parties in accordance with the project progress plan.

5. Deposit of business retainers;

A. The Plaintiff seeks to secure the mutual trust in the promotion of the business between the parties to the agreement and the certainty in the promotion of the business. 30 million won in the account designated by Defendant A.

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