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(영문) 대구지방법원 2017.04.07 2015가단126968

공사대금

Text

1. The plaintiff's claims against the defendants and the designated parties are all dismissed.

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

Reasons

1. Facts of recognition;

A. On February 14, 2015, the Plaintiff entered into a contract for the installation of a housing solar power plant (3.0km x 50 units) with the Defendant (Appointed Party; hereinafter the same shall apply) (hereinafter referred to as the “instant construction contract”), Q, Selection, AF, AG, AH, AE, and project owner as the Plaintiff, and the AI village and contractor as the Plaintiff, and the AJ-gun, 49 households outside the military court, both of whom were not in the presence of the Plaintiff and were in the installation of a housing solar power plant (hereinafter referred to as “instant construction contract”).

At the time of the instant construction contract, the construction cost was determined in total by KRW 325,00,00 (including KRW 6,500,000 for each household x KRW 50 households, and value-added tax). At the time of concluding a contract, the payment was agreed to pay KRW 32,50,000 for the intermediate payment in two installments, KRW 130,000 for the intermediate payment, KRW 130,000 for the intermediate payment, KRW 130,000 for the intermediate payment, and KRW 32,50,000 for the remainder payment in six months after the completion of the construction.

In addition, the above contract entered the installation as 50 households, but the Gu has agreed to settle it into the actual establishment household after the establishment.

B. The instant construction contract is accompanied by a quotation, etc. written by the Plaintiff. The said quotation (hereinafter “instant quotation”) contains 6,500,000 (including value-added tax 40,000) construction cost of a housing solar power plant (3.00KW). The said amount is indicated as including both equipment cost, installation cost, expenses, profits, and other expenses.

C. From February 28, 2015 to May 7, 2015, the Plaintiff completed installation works for solar power plants on 51 housing units owned by the Defendants and designated parties located in AI villages. As to each housing unit that completed installation works as above, the Plaintiff was issued a certificate of pre-use inspection by the Korea Electrical Safety Corporation from May 8, 2015 to August 13, 2015.

The Plaintiff received the amount deposited in the name of “AE” or “AE” as the instant construction cost, and on March 3, 2015, KRW 32,500,000, KRW 67,500,000 on March 30, 2015, KRW 100,000 on the same day, KRW 100,000,000 on the same day, and April 30, 2015.