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(영문) 청주지방법원 충주지원 2017.02.02 2015가합564

공사대금

Text

1. The Defendant’s KRW 199,685,337 as well as 5% per annum from June 1, 2015 to October 14, 2015 as to the Plaintiff.

Reasons

1. Facts constituting the premise of the dispute

A. C 1) A (the spouse of the Plaintiff’s representative), such as promoting the establishment of solar power plants of C

(3) On September 26, 2012, the part of the lower court’s judgment that established E, F, G, and Defendant (hereinafter “stock company”) is omitted when promoting the construction of five solar power stations on the D ground of Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City.

(2) On November 27, 2012, C agreed to transfer the Defendant corporation and solar power plant business rights to H (the representative of the Defendant).

B. 1) The Defendant, on December 16, 2013, entered into a contract for work, etc. (hereinafter “I”).

(2) However, around February 2014, I entered a legal management to the construction work, resulting in the failure of the construction work, and the construction work was discontinued by J, Inc., which had been performing the civil construction work at the time, and the entire construction work was discontinued.

After that, the plaintiff was engaged in civil engineering works, etc.

3) Around July 2014, the Defendant and I entered into an amendment agreement with I on December 16, 2013 on the content that I would undertake all construction works, including construction, civil engineering, and electricity, from among the construction contracts entered into on December 16, 2013. Accordingly, I completed the said electrical construction around September 30, 2014. (c) When the contract for the remaining construction works, including construction, civil engineering, has not been entered into until December 2014, the Fund Management Agency (K) completed the construction works with the contractor and led the contractor to enter into an agreement on the method of paying the construction cost.

2) Accordingly, on February 23, 2015, the contractor E, F, G, the Defendant and the Plaintiff, the contractor, and their subcontractors, who are contractors, agree on the payment of construction costs, etc. (hereinafter “instant agreement”);

A. The main contents of Article 1(Conditions for the Payment of Service Costs) are as follows: The contractor (E, F, G, and the defendant)

) Contractor means the Plaintiff.

) and subcontractors (L, M, N,O, P.