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(영문) 전주지방법원 2021.02.03 2019가단19742
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

. The conclusion was made;

The defendant paid 30,000,000 won out of the above construction cost to the plaintiff as down payment.

3) On November 13, 2018, the Plaintiff and the Defendant entered into a contract under which the terms and conditions of the instant initial contract are modified as follows (hereinafter “instant contract”). On the same day, the Plaintiff and the Defendant entered into a contract under which the terms and conditions of the instant initial contract are set up by adding “solar power plant” on the ground above the said land (hereinafter “instant contract”) as follows:

[Contract 1] Article 3 (Scope of Business, etc.) 2 and Article 2 of the Scope of Business: Construction and delivery period of solar power plants (1,000kW) 3: Within five months (the date of issuance of the Korea Electric Power Bank Notice) from the date of connection of the system (the contract amount and the scale of installation) Article 7 (Contract Amount)

1. Scale of installation: 1,00kW;

2. Contract amount: on the basis of KRW 1,30,000 (Additional sheet).* The linkage to the one-time deposit system is separate.

* All kinds of land taxes shall be borne by the Defendant.

* Development activities will be borne by the Plaintiff.

[2] Contract 2] Article 3 (Scope of Business, etc.) and Article 3 (Scope of Business, etc.) (2) and Article 2 of the Scope of Business: Construction and delivery period of solar power plants (500kW) specified in Article 2: Within five months (the date of issuance of the Korea Electric Power Bank Notice) from the time of connection with the system (the contract amount and the scale of installation) Article 7 (Contract Amount)

1. Scale of installation: 500kW;

2. Contract amount: on the basis of 650,000,000 won (Annexed No. 3).* The linkage costs of one pre-paid deposit system is separate.

* All kinds of land taxes shall be borne by the Defendant.

* Development activities will be borne by the Plaintiff.

(1) On June 19, 2018, the Plaintiff entered into a service agreement with limited companies E, setting up a service cost of KRW 44,00,000, which is necessary for the installation of solar power infrastructure under the instant initial contract, to provide services, such as civil engineering and design, necessary for the installation of solar power infrastructure.

2) Accordingly, the limited company E serves as an applicant for permission and attaching civil engineering design books, etc. to the head of Chang-gu Gun on August 29, 2018.

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