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(영문) 춘천지방법원 2019.07.17 2018가합190
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 44,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from October 3, 2018 to May 31, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. On June 7, 2016, the Plaintiff and the Defendant: (a) obtained, from the Gangwon-do Governor of Gangwon-do on June 7, 2016, the permission for solar power generation projects (facility capacity 702.72kW) with respect to solar power generation projects (facility capacity 702.72kW) with respect to solar power generation projects with respect to the volume of 1,80 square meters, the volume of 8,602 square meters, the volume of 5,210 square meters prior to D; (b) the volume of 4,347 square meters prior to E; (c) the volume of 8,430 square meters prior to G; and (d) the Plaintiff obtained from the head of Hongcheon-Gun on June 17, 2016, the permission for solar power generation projects with respect to the volume of 8,459 square meters prior to J (hereinafter “instant site”).

(2) On August 18, 2016, the Plaintiff entered into a contract with the Defendant on the instant project site with the term of contract of KRW 1.44 billion by making the term of contract from August 18, 2016 to December 31, 2016, with the construction work (the scope of the contract: the supply and installation of concrete structures, structure supply and installation, rackers supply and installation, rackter supply and installation, civil engineering construction and telecommunications construction, solar energy design) that constructs “K-powered power plant (capacity 702.72kW)” and “L-powered power plant (capacity 345.6kW)” and the payment period by dividing the contract amount by 10% within 10 days after the implementation of the PF or loan, and the payment period by dividing the remainder into the intermediate payment and the intermediate payment according to the rate of contract deposit and the rate of 10% within 10 days after the execution of the PF or loan.

(hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows.

The scope of contracts used in Article 3 (Scope of Contracts) of the General Terms and Conditions of Contracts shall be as follows:

(2) The scope of construction work (such as adjustment of a site, fences, drainage, structure foundation, etc.) and design expenses shall be limited to 20 million won, and in case of a defect, 1/2 shall be borne, respectively.

Article 9 (Cancellation and Termination of Contract) The plaintiff or defendant may cancel or terminate in writing all or part of the contract when any of the following grounds arise to the other party:

① The Plaintiff falls under any of the following cases:

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