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(영문) 수원지방법원성남지원 2017.09.05 2016가합205706

정산금(공사대금)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 19, 2009, the Plaintiff entered into a construction contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) under which one mert solar power plant is constructed on the land outside the Gyeong-gun, Chungcheongnam-gun and six parcels (hereinafter “instant construction contract”).

The main contents thereof are as follows:

The Project Agreement

1. Business name: Construction works of Defendant D-solar power plants;

5. Project period: October 20, 2009 to February 28, 2010; and

6. Business amount: (a) Defendant D will borrow the funds required for the construction project of solar power plants in this case under the terms and conditions of the first five financial institutions or similar terms and conditions of the loan among the time limits.

The total amount required and to be borrowed for the construction project shall be separately agreed.

(3) Before the loan under Paragraph (1) is made, the Plaintiff shall pay in advance the amount required for the construction of solar power plants with the funds recommended by the Plaintiff or the Plaintiff for the city construction project.

Article 3. (1) Payment of the construction cost, etc. (1) Payment shall be based on the amount stated in the separate estimate of construction contract (5.6 billion won, additional sheet) and payment shall be made to the Plaintiff, excluding the long-term installment (35%) amount (35%) and banking (project financing) amount, and the date shall not exceed two days after withdrawal.

(2) 35 per cent of the chain price shall be subject to interest rate of 4 per annum, 10 per annum.

(3) The following Corporation shall subcontract to Defendant D.

Civil engineering works: 40 million won (one million won shall be paid in the event of a contract) civil engineering design costs: Electrical supervision costs of 47 million won: 15 million won (4) bank pF amount is a separate contract between the company and Defendant D, which the Plaintiff designates the amount of the construction cost equivalent to 15 million won.

The addition shall be 150,00,000 2,58,040,000 1,156,200,000 small 3,744,240,240,000 small 3,740,240,000 electrical construction for the installation of one type 300,000,000-type 150,000 electric room 150,000,000-type 1 civil engineering work. < Amended by Act No. 63030, Jan. 1, 300,000>