채무부존재확인
1. Ascertainment that the Plaintiff’s Defendant’s obligation to pay for construction works on July 10, 2013 does not exist.
2...
1. Basic facts
A. The Plaintiff is a corporation that operates solar power generation business, electricity sales business, new and renewable energy business, and its ancillary business, and the Defendant is a corporation that operates electrical construction business, new renewable energy business, and manufactures and sells electrical machinery products.
(b) Indication of execution contracts to be concluded;
1. Name: solar power generation facilities;
2. Contract amount: The balance 2,100,000,000 won per day (Won 2,100,000: VAT separate); and
3. Date of contract: July 10, 2013;
4. Date of commencement: July 23, 2013.
5. Date of completion: October 20, 2013.
6. Supply conditions: Installation map of solar power generation facilities at the site.
7. Defects guarantee: Three years, and 5% of the deposit rate.
8. Terms of payment:
(a) Contract deposit: Sum of KRW 420,000,000 won (Won 420,000,000); and
(b) Part payment: One hundred and seventy billion won worth (Won 1,470,000,000 won);
(c) Balance: 20 million won per annum (Won 210,000,000 won);
9. Compensation for delay: Article 1 [General Provisions] of the General Conditions for Contracts in Chapter 1 of the Contract Price (hereinafter referred to as "A") and the Supplier E.S. Energy and the Korea Power Settlement Bank (hereinafter referred to as "B") shall implement this contract in good faith in cooperation with each other on an equal footing.
Article 8 [Compensation for Delay] (1) Where all or part of a construction or service is supplied late after the date of supply under the contract due to the failure to use the construction or service due to the failure to use the construction or service, "B" shall pay to "A" the amount calculated by multiplying the contract amount corresponding to the delayed or impossible portion per day by the rate of the compensation for delay and shall be the estimated amount for damages
However, in the event of a natural disaster, rain, fire explosion, etc., the accident of "B" does not obtain permission from a government agency, etc. necessary for the Corporation even though it has done its best, or other cases where the return of "A" is recognized, the obligation to compensate for delay of "B" shall be exempted.
(3) Where the payment of "A" is delayed, the amount calculated by multiplying the delayed amount per day by the delayed interest rate.