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(영문) 서울중앙지방법원 2018.09.06 2017가합582546

기타(금전)

Text

1. As to KRW 240,131,672 and KRW 210,431,672 among the Plaintiff, the Defendant shall start from December 9, 2017 to December 15, 2017.

Reasons

1. Facts of recognition;

A. The status of the Plaintiff is a company that aims at the production and installation of the power plant facilities, and the Defendant is a company that aims at the management and operation of the wind power plant.

B. On December 31, 2013, the Plaintiff and the Defendant entered into a contract for the operation, maintenance, and repair of wind power generation facilities with the content that the Defendant entrusted the Plaintiff with the operation, maintenance, and repair of ten (10) wind power generation devices and public facilities, and that the amount is divided into the following numbers and numbers during a year counting from March 1, 2014 (hereinafter “instant contract”), and agreed in detail on the scope of duties that the Plaintiff and the Defendant performed during the contract period.

C. According to the contract of this case, the Plaintiff engaged in the business once and four-minutes of the fourth period under the contract of this case: (a) during the fourth period from March 1, 2017 to February 28, 2018 under the contract of this case; (b) one-time business from March 1, 2017 to May 31, 2017; and (c) four-time business from December 1, 2017 to February 28, 2018; (d) the price for the performance of the entire business under the contract of this case was KRW 1,244,069,200; and (e) the price for the performance of the first-time business and four-minutes business are KRW 31,244,069,000 for each of the above 1,200 won for the first-time business and four-minutes business; and (e) the price is KRW 31,017,304.

The Plaintiff and the Defendant agreed at the time of the agreement of this case on the rate of delay damages for the Defendant’s obligation to pay damages for delay for the Defendant’s performance of duties to the Plaintiff at the rate of 12% per annum.

E. On March 8, 2017, the due date for repayment of the Defendant’s repayment of the principal and interest for the first and fourth installment work performance under the instant agreement was March 19, 2017, and the due date for repayment of the principal and interest for the fourth installment work performance in the fourth period was December 19, 2017. The Defendant objection against the Plaintiff on December 8, 2017. < Amended by Act No. 15183, Dec. 8, 2017>