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(영문) 수원지방법원 2021.01.28 2019나58056
계약금 등 반환 청구
Text

Of the judgment of the first instance, the part against the defendant shall be revoked.

The plaintiff's primary claim is dismissed.

This Court.

Reasons

1. Basic facts

A. The Defendant is a person registered in the name of the business entity with the construction of the “E” and the business entity with electric installations, and the Defendant’s husband is the actual operator of the “E”.

B. C obtained permission from L to the effect that solar-powered installation works may be performed by using the “E” trade name, and from around 2017, C has been doing solar-powered installation works using the above trade name while carrying the name as “M”’s solar business department/chief.

(c)

On September 28, 2017, the Plaintiff received a proposal from the Plaintiff to set up a solar power plant (60.48kw) on the 1,382 square meters of Pyeongtaek-si Fforest owned by the Plaintiff, and on the same day, between C and C, the Plaintiff sent solar power plant to the said land KRW 9,8160,00 (if the value-added tax is set separately and the payment is made: J. (K) E at the time of issuing the value-added tax: the Defendant of the J. (K.), the G association (H) at the time of issuing the value-added tax; from September 29, 2017 to March 30, 2018; and the Plaintiff (project owner) and the Plaintiff: E: N. and the representative: Defendant (hereinafter referred to as “1) and KRW 900,000,000,000 for the said G association account.

(d)

On October 2017, the Plaintiff: (a) received a proposal from C to cause the sale of solar power plants (9.4kw) to be installed on the land above the 1,223 square meters and the above land in Seosan City; (b) around that time, the Plaintiff sold the above land and solar power plants in lots to C; (c) 230 million won in the above land and solar power plants; and (d) us in Jin, the Plaintiff: (a) drafted a written contract stating “the Plaintiff, the contractor: E: N, the representative: the Defendant (hereinafter “second contract”); and (b) remitted KRW 23 million in the down payment to C’s above G association account.

E. On November 28, 2017, the Plaintiff will be held liable from C to B (E) this construction completion and long-term bid contract, referring to the contract provisions with respect to “1 or 2 contracts.”

In addition, I will be responsible for any problem during one construction.

“A letter issued under the name of the Defendant,” and

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