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(영문) 전주지방법원 2016.06.29 2013가합6406

공사대금

Text

1. The plaintiff (Counterclaim defendant)

A. As to the Defendant (Counterclaim Plaintiff) KRW 142,149,981 and KRW 1,010,406 among them, B.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The status of the parties is a corporation for the purpose of electrical construction business, etc., and is a person who constructed by being awarded a contract with the Defendants for the installation of solar power plants, etc., and the Defendants are operators of the electric generation business to solar power plants.

B. Around May 2008, the Defendants concluded a construction contract with the Governor of Jeollabuk-do with a license for an electricity generation business to install a solar power plant on the instant site and operate an electricity business. On September 20, 2008, the Defendants concluded a construction contract with the Plaintiff for solar power plant installation works (hereinafter “each of the instant E power plants” and “each of the instant construction contracts”) with the following content:

E Power plant G power plant construction site, Kim Jong-si, J Kim Jong-si, Y Kim Jong-si (ju 98.28 Kw), JB, Y-si (98.28 Kw), and the Co., Ltd., the Sho-si Facilities Construction Project Co., Ltd., (97.65 Kw), on August 10, 2008, the date of commencement of construction works for solar power plants (97.65 Kw), shall be August 10, 2008, the date of completion of construction works, August 10, 2008, the date of completion of the construction works, September 30, 2008, and September 30, 2008: the warranty bond for delay from 781,000,000 won to 775,500,000 won to 75,750,000,000 won to 130% of the general construction contract for defect warranty: the warranty bond of 1.

C. (i) When the Plaintiff has passed an inspection under the provisions after completion of the construction, the Plaintiff shall claim the payment of the cost in accordance with the prescribed procedure.

She may pay the consideration within 14 days of receipt of the request.

Article 6 (Matters of Special Agreement)

2. The part of the drainage and the construction of a building shall be decided separately, and the liability for the defects shall not be charged in the event that the plaintiff is performing the construction.

C. The progress of each of the instant power plants construction works.