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1. The Defendant: (a) KRW 270 million to the Plaintiff; and (b) KRW 6% per annum from September 21, 2016 to December 21, 2018; and (c) December 201, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff promoted solar power generation projects under the trade name of “C”, and the Defendant runs the solar power generation business.
B. On June 11, 2015, the Plaintiff entered into a contract with the Defendant for a construction contract (hereinafter “instant contract”) with the content that the construction work for manufacturing and installing a solar power plant at 100kW on the instant site (hereinafter “instant construction work”) on the 3,766 square meters (hereinafter “instant project site”) prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, (hereinafter “instant project site”) determined as the construction period from June 11, 2015 to June 11, 2016, and the construction cost of KRW 246 million (excluding value-added tax).
The terms of the instant contract include the following:
Article 16 (Cancellation or Termination of Contract by Plaintiff) (1) The Plaintiff may cancel or terminate all or part of the contract in question, if the Defendant does not take any measure even though the Defendant notified in writing at a 15-day period of time (15-day) if any of the following causes arises:
2. If it is clearly acknowledged that the defendant is unable to complete the contract within the payment period due to a cause attributable to the defendant, the plaintiff shall notify in advance the defendant of the intention to cancel or terminate the contract pursuant to Paragraph (1).
C. From June 19, 2015 to September 21, 2016, the Plaintiff paid to the Defendant the total amount of KRW 270,66 million (20,000,000 and value-added tax of KRW 24,66 million) stipulated in the instant contract, as indicated below.
Amount paid on June 27, 2015 (won) 27,060,000 March 30, 2016, 100,000 on March 30, 2016, May 19, 19, 2016; 270,60,000 (won) totaling the amount paid on September 24, 2016, 200 (won)
D. However, the defendant did not start the construction of this case.
On January 23, 2018, February 19, 2018, and February 26, 2018, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would return the down payment on the grounds of the nonperformance of the instant contract.
The above content certification was delivered to the defendant at the time of each dispatch.
E. The plaintiff.