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(영문) 수원지방법원성남지원 2015.10.16 2014가합207999
사업착수금반환
Text

1. The Plaintiff:

A. As regards the Defendant A’s KRW 300,000,000 and its KRW 100,000,000 among them, the remainder shall be from February 8, 2011, and

Reasons

1. Basic facts

A. On December 8, 2010, the Plaintiff concluded a joint and several guarantee agreement with Defendant A (hereinafter “instant joint and several guarantee agreement”) with the following content, and on February 14, 201, with the effect that “where Defendant A fails to perform all the duties under the instant agreement, Defendant A shall return all 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” (hereinafter “instant joint and several guarantee”).

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)to secure the certainty of the mutual trust and the promotion of the work between the Parties to the Convention;

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