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(영문) 대전지방법원서산지원 2020.11.12 2020가합50593
손해배상(기)
Text

The defendant's KRW 150,000,000 for the plaintiff and 5% per annum from May 21, 2020 to November 12, 2020 for the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs gas machinery wholesale and retail business, new and renewable energy business, etc., and the Defendant is a person who operates a stock farm in the name of "D" in Chungcheongnam-nam Budget C.

B. On January 15, 2019, the Plaintiff concluded a construction contract with the Defendant to install solar power generation facilities in the construction site (hereinafter “instant construction site”) with the construction cost of KRW 420 million (hereinafter “instant construction contract”).

Product name solar power plant equipment

2. Name E of the power plant;

3. Capacity 300kW (final capacity may be increased or decreased in the process of authorization and permission).

4. Price of 420 million won.

5. Pre-payment of down payment: 150 million won after the issuance of solar-powered energy permits of KRW 20 million:

6. Part payments -

7. Payment immediately after the completion of the balance 250 million won.

8. Within six months from the date of the contract, the Plaintiff shall complete solar power generation permission on the building or land designated by the Defendant.

(Provided, That there shall be no defects in illegal buildings, provisional seizure, etc. in the register and land cadastre. The defendant shall submit all necessary documents therefor to the plaintiff.

9. The defendant shall approve the above construction work within one year from the issuance of the permit and take necessary measures therefor to the plaintiff.

[Construction Contract] [General Conditions of Construction Contract] Article 9 (Contract Deposit), the down payment and the down payment for authorization shall be used as expenses for permission to generate electricity, etc., and where it is proved that it is impossible to grant permission, the plaintiff shall, without delay, return it to the defendant and may not claim the expenses therefor from the plaintiff when the contract is terminated without justifiable grounds.

The part part payments also are the same.

Article 15 (Cancellation, etc. of Contract by the plaintiff) If it is not possible to continue construction for the defendant's responsible reasons immediately after the construction, when the defendant's failure to implement the terms and conditions of the contract is clearly deemed impossible to perform the construction works.

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