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(영문) 서울중앙지방법원 2017.02.10 2016가합534052
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B On March 17, 2014, the Defendant entered into a contract with the Defendant to supply and demand the amount of KRW 470,300,000 of the contract amount (hereinafter “instant contract”) for the supply of new and renewable energy, which is a mandatory system for the supply of new and renewable energy to a business operator with a certain scale of power generation, and is newly established under Article 12-5 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter “New and Renewable Energy Act”) on April 12, 2010 and enters into force from January 1, 2012”).

5. 7.Electric Business License (The facility capacity of 170.1kW, upper part of the building) was granted;

B. B entered into a contract to change the facility capacity to 564.3kW on July 10, 2014 on the ground that the facility capacity has increased due to the extension of factory (2,792.76 square meters), and upon obtaining permission for change on July 10, 2014, the Defendant and the facility capacity have increased to 564.3kWp on October 7 of the same year, and the contract amount has increased to 1.27 billion won.

C. On June 16, 2015, B concluded a contract under which the Defendant extended the completion date of the project to “ August 31, 2015” from “ March 30, 2015” to “1.2 billion won” and the contract amount to “1.261 billion won” from “1.261 billion won (one million won, which is to be borne by the project owner B, shall be deducted by the Defendant on the assumption that the Defendant bears part of the expenses for the construction for the system entry to be borne by the project owner B).”

B On September 7, 2015, with respect to solar power generation facilities of this case constructed by the Defendant, the new and renewable energy center obtained the confirmation of facilities subject to issuance of supply certificates from the new and renewable energy center, and completed the report on the commencement of the business pursuant to Article 9(4) of the Electric Utility Act on the 1

“The present condition of the power plant” in the above facility confirmation form is the power seller’s “Korea Electric Power Corporation”, capacity “564.3kW”, pre-use inspection date and REC Regycti: Supply certificates as the unit of transaction and issuance of new and renewable energy supply certificates.

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