(영문) 광주지방법원 2020.06.18 2019나53265

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(영문) 광주지방법원 2020.06.18 2019나53265

계약금반환 청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 12, 2017, the Plaintiff and the Defendant respectively paid KRW 100,000,000 as down payment among the total construction cost of KRW 1,925,00,000 (including value-added tax) and the intermediate payment of KRW 150,00,000 as the intermediate payment after the completion of the authorization and permission, and KRW 1,675,000 as the remainder before the commencement of the civil works. The Defendant entered into a contract for the production, supply and installation of solar power generation facilities from December 12, 2017 to December 31, 2018 (hereinafter “instant contract”). The Defendant’s implementation of the instant contract and the Plaintiff’s right to cancel the contract in the instant contract are as follows.

Article 4 (Implementation of Contracts) (1) A (Defendant) shall perform construction works under the terms and conditions of the contract and design documents (such as drawings, specifications, specifications, etc.).

(2) B shall submit a construction schedule, details of machinery and materials, etc. prepared on the basis of a drawing to A after concluding a contract, and obtain approval for the execution.

Article 18 (Cancellation of A) (1) In any of the following cases, A may cancel or terminate a contract in whole or in part, even though he/she notified the performance of the contract for a reasonable period specified, if the contract has not been performed for such a period:

(2) If the contract is terminated or terminated due to the reason provided for in paragraph (1) of this Article, if the contract is terminated or terminated due to the reason provided for in paragraph (1) of this Article, the contract shall be paid to the Party A in full, and if the Party A claims the cancellation or termination of the contract for reasons other than paragraph (1) of this Article, the contract shall be paid to the Party A in full, and the amount equivalent to 10% of the total contract amount shall be paid to the Party A in penalty as penalty.

(3) A shall give written notice of cancellation or termination pursuant to the provisions of paragraphs (1) and (2).

(b).

유사 판례

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