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(영문) 대전지방법원천안지원 2019.04.10 2018가단109215
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from May 15, 2017 to August 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of solar power generation projects. 2) The Defendant, jointly with D, the representative director of C, was engaged in the work of removing wastes in the above forest and fields closed from 1999 in order to develop the forest and fields located in Thailand, and in the process, created a temporary road connected with the contribution to part of the E, F, G, and H land (hereinafter “instant present state road”).

B. The Plaintiff entered into a service contract 1) around 2017, the Plaintiff is an I forest of 69,818 square meters (hereinafter “instant forest”).

(2) On May 4, 2017, the Plaintiff and the Defendant entered into a consulting contract with the main content of receiving the Defendant’s written consent to land use (hereinafter “instant service contract”) to engage in development activities to install solar power generation facilities on the ground of the instant forest land, as the franchisium, to enter the instant forest as a franchisium and to make a contribution to the instant forest.

The contents of the instant service contract are as follows.

The contractor of solar power development consulting contract, which received a written consent to land use for the development of access roads to the I.S. in Taecheon-do (Seoul Special Metropolitan City E). It is necessary to pay a KRW 00 million on the condition that a written consent to land use will be resolved, if necessary, by the access roads entering I.S. in Taecheon-si (Seoul Special Metropolitan City E).

The remainder of KRW 100 million paid on May 12, 2017, which is KRW 20 million in the intermediate payment, shall be paid within 15 days after obtaining permission for development activities.

The down payment and intermediate payment shall be returned when the development activity is not determined.

C. According to the instant service contract, the Plaintiff partially paid service costs: (a) KRW 20,00,000 on May 4, 2017; (b) KRW 25,000,000 on May 12, 2017; and (c) KRW 50,000 on May 15, 2017.

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