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(영문) 부산지방법원동부지원 2020.07.21 2019가단228126
기타(금전)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 11, 2019 to January 3, 2020.

Reasons

Facts of recognition

On July 21, 2017, the Plaintiff entered into a contract with the Defendant operating the business of manufacturing solar power generation facilities to build solar power facilities in C and D (hereinafter “instant contract”) with a contract amount of KRW 240,000,000 (excluding value-added tax) and within six months from the date of completion of the procedure for granting the approval for the business of operating electric power generation during the construction period within six months.

Article 5 of the instant contract provides that “The Defendant shall provide the Plaintiff with goods and services for the construction of electric power plants, including incidental affairs, such as consultation on the authorization of solar power plants, design, supply and construction of related equipment and materials, and the Defendant shall complete construction works in the form of a package contract.”

On July 25, 2017, the Plaintiff stated the amount stipulated in the instant contract as KRW 55,00,000 (including value-added tax; hereinafter “instant deposit”) as the security deposit for the Defendant to conclude a contract, which excludes the deposit of this case, and in light of the amount remitted by the Plaintiff to the Defendant, etc., it is reasonable to deem that value-added tax is not included in KRW 50,00,000 as the security deposit for the conclusion of the contract of this case.

the transfer was made.

The original Defendant agreed on May 13, 2019 to modify part of the content of the instant contract.

According to the above amendment agreement, the place to build solar energy facilities shall be changed to Gyeongbuk-gun E, and the defendant shall complete the building report procedure on solar energy facilities until July 2019, but if not, it includes the fact that the deposit of this case shall be refunded to the plaintiff around the end of July 2019.

On June 20, 2019, the provisional registration of the F's right to claim the transfer of ownership in the name of Seongbuk-gun was completed with respect to Gyeongbuk-gun E.

On September 10, 2019, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the Defendant is unable to perform his/her contractual obligations for a long time, and thus the instant contract is terminated.”

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