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(영문) 청주지방법원 2016.01.27 2015가합20497

공사대금

Text

1. The Defendants jointly committed against the Plaintiff KRW 3,188,337,025 and KRW 2,888,405,000, out of the above amounts. < Amended by Presidential Decree No. 2600, Nov. 27, 2015>

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in solar-related business, such as the manufacture and sale of solar-powered cycles, and the Defendant Company is a company that engages in the business of solar-powered generation, etc., and the Defendant B is a representative of the Defendant Company as an internal director.

B. On December 9, 2013, the Defendant Company loaned 36,500 square meters (hereinafter “instant land”) from the Republic of Korea for a fixed period (five years from December 9, 2013 to December 8, 2018, but the contract term on August 6, 2014 was changed to ten years, respectively).

다. 원고는 2014. 4. 18. 피고 회사와 원고가 이 사건 토지에 D시스템(용량: 1.5㎿급) 설치공사(이하 ‘이 사건 공사’라 한다)를 하기로 하는 공사도급계약(이하 ‘이 사건 원공사계약’이라 한다)을 체결하였는데, 위 계약의 공사 범위는 ‘태양전지(모듈), 인버터 등 관련 자재 구입, 구조물 설치(스파이럴 파일 포함, 기초 콘크리트 패드 제외), 태양전지(모듈) 결선 및 결착작업, 태양광인버터 납품 및 시운전 등’이었고, 공사기간은 2014. 4. 18.부터 같은 해

6. The payment was set up for the end of 30.30, and was set out in accordance with the payment terms and conditions of the PF Loan (Financial Techniques providing funds after reporting the profitability of the Project Plan).

In addition, the time limit for the above PF loan is as of July 24, 2014, and if the PF loan falls short of the contract amount or is not sexually dead, the defendant company submitted a repayment plan to the plaintiff by July 31, 2014, but the defendant company first set the repayment through the increase of the capital within one month, giving priority to the repayment through the increase of the capital within one month, and if the increase of the capital is not possible, it cannot be asserted against the plaintiff's exercise of rights, such as the sale

On July 4, 2014, the Plaintiff, the Defendant Company, and the standby power Co., Ltd., a subcontractor of the instant original construction project (hereinafter referred to as “atmospheric power”) are below the special agreement to amend the instant original construction contract as follows.