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(영문) 서울남부지방법원 2015.02.05 2014나7228

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an energy-saving specialized company (ESSCO) in the field of energy-saving projects promoted by the Government.

B. On December 13, 2012, the Plaintiff entered into a contract for the installation of energy-saving facilities with the Defendant operating BSB, with the following content:

Project name: The amount of the project cost for the installation of energy-saving facilities (including value-added tax and interest thereon): 130,000,000 won (including value-added tax): the period of installation of 115,237,600 won (excluding value-added tax and interest thereon): From December 18, 2012 to December 31, 2012 (general terms and conditions of a contract) shall be paid in full after the completion of the construction, but the construction cost may be paid in installments through 36 months (including value-added tax and interest thereon) on the following terms and conditions agreed with the Plaintiff as the Defendant’s home.

(1) When the defendant pays in installments for 36 months, he/she shall directly purchase a guarantee insurance policy and submit it to the plaintiff or a person designated by the plaintiff as the insured.

② The Defendant may not raise an objection, even if the Plaintiff claims against the guaranty insurance policy, on the ground that the Defendant has lost the benefit of time when two or more installments have been selected.

(3) When the plaintiff requests documents relating to factoring to secure funds after the completion of construction works, the defendant shall implement such request without delay.

(4) Value-added tax shall be paid in cash within seven days after completion of construction.

(5) Interest and value-added taxes on the installed amount shall be not included, and interest shall be paid equally by the same method when it is paid irrespective of the energy saving calculation period.

C. On December 18, 2012, the Plaintiff entered into a subcontract for the instant construction work with a name cards fishing item (hereinafter “name cards fishing item”) at KRW 96.2 million (excluding value-added tax), and the instant construction work was completed around December 31, 2012.