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(영문) 수원지방법원안양지원 2020.02.07 2018가합102251
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 90,000,000 won and 6% per annum from September 4, 2017 to June 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company running a solar power plant construction business. The Defendants are companies running solar power generation business, and the F actually operates the Defendant Company.

B. On April 2017, the Defendants obtained an electric generation business license under the Electric Utility Act (hereinafter “instant electric generation business license”) in order to carry out the business of constructing solar power plants (hereinafter “instant business”) in the land H, I, and J (hereinafter “instant project site”), both H, I, and J (hereinafter “instant project site”), and the specific details thereof are as follows.

Contents H land permitted for the project site - W in two lots, each of which is divided into 1MW, 2MW - 1, 2 in total - 2 lots, each of which is divided into 1MW, 0.5MW - 7, 8 in total 1 MW, 0.5MW - 8 in four lots, each of which is divided into 4 MW - 3 through 6 in total.

C. On August 2017, the Plaintiff and the Defendants concluded the following agreements with respect to the instant business (hereinafter “instant agreement”).

In relation to the project for the "G 1-8 solar power plant construction (hereinafter referred to as the "project")" (hereinafter referred to as the "project"), Defendant B, Defendant C, Defendant D, Defendant E Co., Ltd. (hereinafter referred to as the "Defendants") and the Plaintiff enter into the following agreements on the basis of the principle of good faith in order to ensure the successful implementation of the project.

Article 1 (Subject Matter of Contract) The Defendants and the Plaintiff’s subject projects related to this Convention are limited to “K 1-8 solar power plants (7.5MH) construction projects.”

Article 2(Duties and Scope of Duties) 1) Defendants (1) must obtain an operator of the electric power generation business license, which is the premise for the business, and thereafter make best efforts to ensure that development activities in solar power plants (environmental impact assessment, survey, etc. and electric power system linkage agencies can be smoothly permitted and permitted.

② The Defendants are obligated to implement the PF, which is an essential requirement for the promotion of projects.

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