(영문) 서울중앙지방법원 2016.05.19 2014가합45558

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(영문) 서울중앙지방법원 2016.05.19 2014가합45558

채무부존재확인

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 16, 2010, the Plaintiff entered into a contract for the supply of goods between the Plaintiff and CFE (hereinafter “CFE”) with the Plaintiff (hereinafter “instant commodity supply contract”).

2) The main contents of the instant goods supply contract are as follows.

(2) According to the contract for the supply of the goods in this case, the price for the goods that the Plaintiff is obligated to pay to the CFS is “the price for the goods in this case.” Article 1’s name (unit: 200WP 2,215/2,400 1,020,000,000 1,122,000,000 1,122,000,000, the total amount of the contract under Article 2: 1,122,00,000 won: The method of paying the price under Article 4

1. In principle, this Agreement shall begin with the date of the completion of the power plant and shall be subject to the conditions that shall be repaid in installments from the date of completion of the plant to the date of 2018.

2. As to the method of repayment in installments by 2018, the point of time of subsidization for the power generation difference (2011) shall begin, and in the case of payment, the principal and interest and reserved amount of the National Bank's PF funds shall be the first claim from the profits generated from the solar power generation of the plaintiff from the National Bank, and the second claim shall be set up in the CB.

3. After the establishment of the second claim, the head of the Tong in which the proceeds from solar power generation are to be deposited shall be managed by the National Bank, and even in the distribution of the monthly proceeds from solar power generation, the national Bank shall be paid monthly in the national Bank on the basis of the establishment of the second claim specified in this Agreement, and the distribution of the proceeds from solar power generation shall also be executed by the National Bank.

4. The amount of redemption of the boilers price shall be indicated by year (mark-1);

Provided, That a monthly repayment shall be specified in an annual amount, as there is a difference in the monthly development price.

5.In the event that the amount of annual standard is below the standard amount when the lump sum price is repaid, it shall be included in the following year.

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