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(영문) 울산지방법원 2019.09.18 2019가단100065
약정금
Text

1. For the plaintiffs:

A. Defendant D and E are jointly and severally liable for each amount of KRW 95,000,000 and each of the said amounts, Defendant D and E on March 31, 2019.

Reasons

1. Basic facts

A. On May 15, 2018, between Defendant D and E, the Plaintiffs purchased 124,951 square meters of F forest land in racing-si (hereinafter “instant land”) and installed solar power plants in its place (hereinafter “instant project”), and invested KRW 400 million to Defendant D and E, but the Plaintiffs paid KRW 70 million to the said Defendants the down payment at the time of the instant purchase and sale contract for the instant land. The Plaintiffs paid KRW 120 million to the said Defendants with the expenses spent for various kinds of permits and development activities, power generation permits, business funds, etc. In relation to the instant project, the remaining investment amount is KRW 210,000,000,000,0000,0000,0000,000,0000 won, and if the said Defendants’ project did not go through development activities, permission, etc. of solar power plants, or is not possible due to reasons attributable to the said Defendants, the said Defendants concluded an investment agreement (hereinafter “instant investment agreement”).

B. After that, on May 15, 2018 with Defendant C Co., Ltd. (hereinafter “Defendant C”), the Plaintiffs may rescind the contract in the instant case where it is evident that two solar power plants are not to start construction on the date of completion or there is no possibility of completing construction on the date of completion due to the reasons attributable to the failure to permit the power generation business or permit the development of the electric power generation business even after the lapse of the date of commencement agreed without justifiable grounds and the date of completion of construction on the instant land by setting the total cost of KRW 60,000,000,000, total contract amount of KRW 2,200,000,000 ( separate from each value-added tax), and 180

(Article 19) concluded a construction contract for solar power facilities (hereinafter “construction contract of this case”) respectively, and on the same day paid to Defendant C the amount of KRW 60 million to the rental business cost and the contract deposit necessary for various authorizations and permissions for development activities.

C. In addition, the Plaintiffs on May 15, 2018.

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