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(영문) 대구지방법원 2021.01.14 2020가단120674
계약금반환등
Text

1. Defendant N has 10,00,000 won to Plaintiff L and 5% per annum from June 24, 2020 to January 14, 2021, and the following:

Reasons

1. Basic facts

A. From around November 28, 2017, Defendant N decided to install and sell solar power plants to approximately 450 mar (hereinafter “instant land”) Defendant N-owned PP forest land in Youngcheon-si, and O agreed to create solar power plants, and Plaintiff L and Plaintiff K agreed to gather investors to sell solar power plants. Defendant N established Defendant M Co., Ltd (hereinafter “Defendant M”) for the purpose of solar power generation business on November 28, 2017.

B. As to the investment of the Plaintiff L and the Plaintiff K in solar power plant either as the paper or introduction of, the Plaintiff A, B, C, Plaintiff D, Plaintiff E, Plaintiff F, Plaintiff G, Plaintiff H, Plaintiff H, Plaintiff I, and Q, and R (hereinafter “Plaintiff A, etc.”) as the truster between Defendant M et al. and Defendant M et al. around December 2017, and Defendant M et al. as the trustee, the instant land was divided into 20 lots and the instant land was established and sold, and the instant service contract was concluded with the content that entrusts the authorization, permission, and services for the instant solar power plant (hereinafter “instant service contract”).

(c)

The main contents of the instant contract are as follows.

2. It includes the delivery and transfer of all documents, such as drawings after completion of solar power plants entrusted with the duties necessary for all government offices until completion of solar power plants (permission for electric generation business, permission for development activities, etc.) and the selection of PC, drawings after completion of solar construction to be entrusted with the duties of refunding value-added taxes after completion of solar power plants;

3. The terms and conditions of the mutual agreement and the investment in the authorization and permission of the solar power plant and its construction services in approximately KRW 99KW of the solar power plant at the solar power plant at approximately KRW 220 million (VAT Map).

(including loans) “A” (including the Plaintiff, etc., R, Q.

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