beta
(영문) 대구지방법원안동지원 2017.10.18 2015가단1581

공사대금

Text

1. As to KRW 27,455,826 and KRW 14,717,702 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on November 5, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1, 7, and 8-2, Gap evidence Nos. 2, and Eul evidence Nos. 9 and 10, unless there is a dispute between the parties to the dispute or in full view of the purport of the whole pleadings:

On July 7, 2014, the Plaintiff entered into a contract for the installation of the solar power system with the Defendant (hereinafter referred to as the “C Corporation”) on ① KRW 52 million for the cost of the installation of the solar power system in the Gyeongcheon-gun C (hereinafter referred to as “C Corporation”), ② for the installation of the solar power system in the permanent city D (hereinafter referred to as “D Corporation”), KRW 13 million for the cost of the installation of the solar power system in the permanent city, ③ for the permanent city E (hereinafter referred to as “E Corporation”), ③ for the installation of the solar power system in the permanent city E (hereinafter referred to as “E Corporation separately from value-added tax”).

At the time of the conclusion of each of the above contracts, the solar power generation system to be installed by the defendant was a fixed type (which is installed in order to prevent the learning by completely fixing the boiler).

The main contents of each of the above contracts are as follows:

Article 2 (Scope of Contracts) The detailed details and scope of the duties to be supplied by the defendant to the plaintiff under this Agreement shall be as follows:

1. Manufacture of a structure to be installed;

2. Installation and construction of a structure ( assembly of a structure and installation of a boiler);

3. A structural review report on a structure (the structural safety diagnosis of a building shall be separated);

4. Under this contract, the Defendant must provide the Plaintiff with the content of Article 2 within 90 days after the contract was concluded or after the business license was granted.

Article 5 (Payment of Price)

1. The plaintiff and the defendant shall enter into this contract at the same time after the date agreed upon.

2. 10% of the down payment shall be paid at the time of the contract, 50% after the completion of structural review, 30% after the installation of structures, and 10% after the pre-use inspection.

Article 6 (Termination and Rescission of Contract) Where one of the parties to this contract is unable to continue this contract due to his/her non-performance of obligations under this Agreement, causes attributable thereto.