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(영문) 광주지방법원 2016.06.30 2015가합4087
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a company aimed at the solar energy manufacturing industry, and the Defendant is a company aimed at the solar energy production industry.

B. On February 4, 2008, the Plaintiff concluded a contract with the Defendant to build solar power generation facilities on the instant parcel, such as the Gosong-gun C, Jeon Chang-gun, etc. (hereinafter “instant construction project,” and “instant construction contract”).

The main contents of the instant construction contract are as follows.

The representative director D (hereinafter referred to as "A") and the representative director E (hereinafter referred to as "B") of the recipient of the construction contract shall conclude a contract as follows:

1. Name of the construction project: F (including the manufacture and installation of solar light 400kWp and the installation of servers, monitoring facilities, electrical construction and system transmission);

2. The place of construction: The place where permission was granted to Go Chang-gun, Go, and H outside of the former North Korea;

3. Construction period: Completion of the construction within May 30, 2008.

5. Contract deposit: Value added tax of KRW 2,970,000 per day (one hundred and seventy million won): KRW 2,700,000,000 per day (two hundred and seventy million won): The burden of a person other than the bank loan of KRW 270,000,000 per day (two hundred and seventy million won) shall be 200,000,000 won (two hundred and seventy million won).

C. On September 23, 2008, the Plaintiff and the Defendant drafted a letter of intent to extend the construction period of the instant construction by September 30, 2008, as follows. The Plaintiff completed the instant construction work on December 19, 2008.

In each letter, the representative director D(hereinafter referred to as "A") and the representative director E (hereinafter referred to as "B") of the beneficiary in the agreement to sell and purchase bonds shall, if the F Corporation is unable to complete the F Corporation by September 30, 2008, the following arrangements shall run:

Article 2(Contents of Agreement) If “B” has not received the completion certificate of the construction work by September 30, 2008, “B” shall agree to assume the following responsibilities:

- - The following:

(a) “B” must purchase “A” a license number other than the former Chang-gun C;

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