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(영문) 서울동부지방법원 2021.01.22 2019가단162812
양수금
Text

Defendant C’s KRW 34,903,333, Defendant D, E, and F respectively, and each of them from November 28, 2019.

Reasons

1. The Deceased and G undertake the following arrangements in carrying out 3,00 kw of basic facts: H Daywon H Tri-gun H G:

G shall conduct all administrative procedures with the permission for development of the deceased and the acquisition of the site, etc., and the deceased shall grant his/her authority to G.

G shall pay 20,000 won per area (per square meter) at the site price for development activities, and the deceased shall transfer all the documents, such as the power generation permit and P.P.A, to a person designated by G.

Provided, That the deceased shall be responsible for civil petitions.

The site price and expenses incurred in processing civil petitions that have been paid at the time of the non-payment of development activities shall be refunded to G.

A. On December 2016, the deceased B (hereinafter “the Deceased”) made an agreement as follows (hereinafter “instant agreement”) with G Co., Ltd. (hereinafter “G”) around December 2016.

B. On December 12, 2017, the Deceased entered into a sales contract with the J, the representative director of G, for the amount of KRW 290 million with respect to He, KRW 50 million in the first down payment, September 28, 2017; the second down payment of KRW 50 million in the second down payment of KRW 190 million on December 4, 2017; and the remaining amount of KRW 190 million on January 30, 2018; the deceased agreed to pay KRW 50 million on September 28, 2017; and the deceased received from J the said down payment of KRW 50 million on December 4, 2017, respectively.

(c)

On August 19, 2019, Park Ho-gun notified non-permission regarding the application for permission for development of solar power facilities in two parcels, including HJ and two parcels of solar power generation facilities.

(d)

G on October 23, 2019, upon non-permission of the application for permission for development activities, sent to the Deceased a certified mail to the effect that the deceased shall pay the sum of KRW 197,040,000,000,000,000, for the purchase-price, civil petition treatment costs, and administrative work costs, until November 15, 2019. The mail reached the deceased around that time.

LK M M NO P

E. On November 26, 2019, G transferred to the Plaintiff the claim of KRW 197,040,000 against the Deceased, claiming that the claim against the Deceased was KRW 197,040,000 as above. The notification was given to the Deceased around that time.

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