beta
(영문) 광주지방법원 2019.10.17 2018가합53172

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 80,249,500 to the Plaintiff (Counterclaim Defendant) and its related amount from January 13, 2018 to May 31, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the auditor of CF that operates solar power generation projects, etc., and the Defendant was dissolved on October 30, 2017.

B. On April 24, 2015, the Plaintiff and the Defendant were “solar power plants of this case” on the ground of the land D, E, and F, Jeonnam-gun, Jindo-gun, the site for the waste bridge, on the solar power plant 630kmWp, hereinafter referred to as “solar power plants of this case

'the construction of this case' is referred to as 'the construction of this case'.

(i) the construction cost of KRW 1,316,700,000 (including value-added tax, and the construction contract of the instant construction project (hereinafter referred to as "the contract of the instant construction project") for each contract period fixed for six months after the completion of development activities.

(1) and (2) and (3) of this title.

Details are as follows:

Construction Contract

1. Construction name: Installation of a lump-sum installation of solar power plants (630kmW);

3. Period of construction: Six months after the completion of development activities.

The scheduled date of confirmation of establishment: October 31, 2015

4. Amount supplied: 1,197,000,000 won (excluding value-added tax).

5. Value-added tax: 119,700,000 won.

6. Contract amount: 1,316,700,000 won;

7. Making payments (including value-added tax);

(a) Contract deposit: April 24, 2015;

(b) Part payments: Treatment as bank loans;

(Deposit immediately before each stage of work)

(c) Balance: A bank loan of 100,000,000 won (within three days after the contract for Korea-China supply and demand);

8. Madr/Barrrr: ls250WPC Decision 2,520 / In the case of a kack 4rd 11. Special agreement, - The treatment of civil petitions shall be processed in cooperation between the business owner and the City Corporation;

- The business owner shall actively participate in the rental work of the city.

Article 19 (Cancellation of Contracts by Plaintiff) of the General Conditions for Standard Contracts (Cancellation of Contracts) (1) In any of the following cases, the Plaintiff may cancel or terminate all or part of the relevant contract:

1. Where the defendant fails to commence his/her business despite the lapse of the stipulated construction date without justifiable grounds;

2. When it is clearly recognized that the construction in the air cannot be completed due to a cause attributable to the defendant.