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(영문) 대전지방법원천안지원 2017.08.16 2016가단114589
계약금반환
Text

1. Defendant B Co., Ltd. shall pay 95,00,000 won to the Plaintiff and 15% per annum from December 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 4, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter referred to as the “Defendant B”) with respect to the construction of the installation of the solar power generation facilities of 80kw on the roof of 4-dong agricultural storage facilities on the 4-dong (hereinafter referred to as the “instant building”) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as the “instant construction”) for the construction period of 180 days from the date of commencement after permission for electricity generation business; the construction period of 136,00,000 won for the start of construction; the down payment of 136,000,000 won for the down payment (excluding value-added tax); the down payment of 50,000,000 won for the start of construction; the remainder payment of 1,000,000 won (excluding value-added tax); and the construction contract of 00,000 won for each of the instant construction contracts (hereinafter referred to as “the instant construction contract”).

When the Plaintiff and Defendant B violated the instant construction contract at the time, they paid 30,000,000 won to the other party as penalty (Article 18 of the instant construction contract). The Plaintiff and the Plaintiff agreed to resolve the illegal buildings related to the electric generation business license and the instant building necessary for the instant construction work (Article 19).

B. On September 6, 2016, the Plaintiff obtained an electric power generation business license from the head of Magsan Gun, and Defendant B demanded the Plaintiff to make a prior payment not later than September 15, 2016, while the authorization and permission for the instant construction was completed on September 9, 2016, the Plaintiff paid KRW 50,000,000 to Defendant B on September 19, 2016.

C. In order to initiate the instant construction project, in addition to removal of illegal buildings as stipulated in the instant construction contract, the structural safety diagnosis of the instant building was conducted, and installation of solar power infrastructure by the administrative authorities.

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