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(영문) 광주고등법원(전주) 2015.11.26 2015나392

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff Company B, C, D, E, F, and Defendant G.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a legal entity established to conduct electrical construction business, solar energy business, and civil engineering business. 2) Defendant B is a legal entity established to conduct electrical construction business, solar power generation business, etc., Defendant C is a representative director of Defendant B and Defendant C is a person operating solar power generation business in the trade name of “H”, Defendant D is a trade name of “I”, Defendant E is a trade name of “J”, Defendant E is a trade name of “J”, and Defendant F is a person operating each solar power generation business in the trade name of “K”.

(hereinafter referred to as “Defendant B and 4”). In addition, Defendant G was a person who promoted a solar power plant construction project in Namwon-si S (hereinafter “S”) L, Namwon-si (hereinafter “S”), and is a type of punishment of Defendant C, E, D, and F.

B. Around August 2011, the Plaintiff entered into a contract for construction works with Defendant B and four others, and with five solar power plants (hereinafter “instant electric power plants”) on five new construction works in each of five solar power plants (hereinafter “instant new construction works”) (hereinafter “instant contract”). Defendant G jointly and severally guaranteed Defendant B and four other Plaintiff under the instant contract’s debt. The main contents and special terms and conditions of the instant contract are as follows.

(B) The place of installation is only different between Defendant B and four persons, and all the remaining terms of the contract are the same. [The main contents of the instant contract: Defendant C: T and Defendant E: N: P construction period: The amount of supply of KRW 671,00,000 (including value-added tax) after the construction contract: 610,000,000 won:

(a) Contract deposit: 10,000,000 won - Payment at the time of a contract;

(b) The first installment: 30,000,000 won - After issuance of a contract bond certificate equivalent to 25 percent of the value of supply immediately preceding the work;

(c) the second part: 30,000,000 won - All solar light strings during the work;