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(영문) 전주지방법원 2020.07.23 2020가합1577
대여금
Text

1. The Defendant’s KRW 84,487,671 as well as the Plaintiff’s annual rate from January 1, 2020 to July 23, 2020, and the following.

Reasons

1. Facts of recognition;

A. Concluding a contract between C and the Defendant on August 7, 2018, the Defendant and C paid KRW 30,000,000 as down payment at the time of concluding a contract, among the total transfer price of KRW 410,000,000 (value-added tax separate), and KRW 50,000 as the first intermediate payment on September 30, 2018, and KRW 30,000,00 as the second intermediate payment on October 30, 2018, and KRW 300,00,000 as the remainder after the completion of construction, and the Defendant installed solar facilities on the land other than D and D, and concluded a contract for the supply of solar power plants and the transfer thereof to C (hereinafter “instant contract”).

The terms and conditions of the instant First Agreement stipulate that “the Defendant shall complete installation of solar-powered facilities within June 2019, and if the Defendant fails to comply therewith, the Defendant shall pay 2.5 million won per month as damages for delay until the completion of the construction work.”

B. On September 27, 2018, the Plaintiff entered into a contract between the Plaintiff and the Defendant with the Defendant, and the Plaintiff entered into a contract for the supply and transfer of the site for solar power plants (hereinafter referred to as “instant contract”) with the Defendant of the total transfer price of KRW 380,00,000,000, and with the intermediate payment of KRW 60,000 as the intermediate payment on November 1, 2018, and 300,000 as the remainder after the pre-use inspection on the completion of construction. The Defendant paid KRW 30,00,000 to the Defendant as the intermediate payment on November 1, 2018. The Defendant installed solar power plant sites on the land outside E and 5 parcels, and then installed solar power plant sites and transfer and takeover (hereinafter referred to as “instant contract”) with the content that the Plaintiff transfers it to the Plaintiff by June 2019.

The terms and conditions of the second contract of this case also include the same terms and conditions as those of the first contract of this case.

C. 1) As a result of the Defendant’s delay of performance, each of the instant construction works under each of the instant contracts (hereinafter “instant construction works”) by June 2019.

As the Plaintiff and C did not complete the contract, on August 9, 2019, the Plaintiff and C pay 2.5 million won for delay in accordance with the terms and conditions of the instant contract to the Defendant.

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