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(영문) 광주지방법원 2019.06.14 2018나61405
계약금반환
Text

1. The Defendant (Counterclaim Plaintiff)’s appeal against the instant principal lawsuit and counterclaim is dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Facts of recognition;

A. Conclusion and implementation of the J Contract between the Plaintiff and the Defendant

3. Construction period: The 2014 Agreement entered in 2013, but appears to be a clerical error in 2014.

5. The scale of the construction contract from January to August 4, 2014: solar power generation (9 Kw) and mushroom growing buildings;

5. Contract amount: 80,000,000 won (excluding value-added tax of 8,000,000 won).

6. Payment of the price;

(a) Contract deposit: 15,00,000 won (excluding value-added tax) for the commencement of construction works;

(b) Part payments: Payments made in accordance with the timing of installation at the site of construction machinery and materials at KRW 7,500,000 (excluding value-added tax);

(c) Balance: Payment within 30 days from the date of commencement (the date of completion of the exclusive contract) of the exclusive trade (excluding value-added tax) after completion of the said contract;

9. Other matters.

(d) Division of the site necessary for building installation shall be made by the landowner without compensation;

1) On April 24, 2014, the Plaintiff is deemed to be the JJ (hereinafter “J”) of the Jeonsung-gun, Jeonsung-gun, the Defendant’s land owned by the Defendant.

C) A contract was made for construction of mushroom farming and solar power generation facilities on the ground of 7250 square meters prior to C (hereinafter “J construction contract”).

(2) On December 9, 2014, the part related to the instant construction contract was divided into 1427 square meters prior to K, 923 square meters prior to D, and 3574 square meters prior to L, and two mushroom cultivation stations under the J Construction Contract (hereinafter “instant building”) were completed on November 14, 2014 after subdivision.

3) On December 1, 2014, the Plaintiff was granted a license for the electric generation business with respect to the solar power generation business that installs solar batteries in the instant building from the Bosung head of the Gun (the preparatory period for business: three years from the date of the license). The Plaintiff’s claim (unit costs) as of the payment date is the amount (the unit costs): 26,000,000 no dispute over the 6,000,000 on April 28, 2014, no dispute over the 6,000,000 on July 1, 2014, no dispute over the 6,000,000,000, 2,000,000, or00 on July 25, 2014, there is no dispute over the 6,000,0000,0000,0000, 6,0000, 1010, 2010

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