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(영문) 전주지방법원남원지원 2015.11.18 2014가단11896

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 5, 2013, the Defendant and B completed the registration of ownership transfer for each of 1/2 shares out of the 20209 square meters of land (hereinafter “instant land”) located in Net Chang-gun, Jeon Chang-gun, Seoul (hereinafter “instant land”). < Amended by Act No. 11845, Jun. 3, 2013>

B. On June 14, 2013, the Defendant and B filed a building report on the farmland farming building on the instant land, and the instant building report was accepted on September 11, 2013 by the Net Chang-gun.

C. On August 28, 2013, the Defendant obtained a solar power generation project permit from Jeollabuk-do to place the instant land as the place of installation.

On September 1, 2013, the Defendant concluded a construction contract for solar power plants with the following content:

1. The name of the prime contractor: the construction of a DNA solar power plant (70 kws-type crop cultivation plant);

2. Contract amount: 1,848,000,000 won (including value-added tax);

5. Period: From September 1, 2013 to May 30, 2014 (RPS bidding participation in April 30);

7. Construction site: Establishment of solar power sales system (SSP, REC) for solar power generation workers, electricity generation business operators C12. 1) 2); establishment of crop cultivation plants and related persons; 3); construction of solar power plants and related persons; 4); establishment of solar power sales systems (SSP, REC).

E. On September 23, 2013, the main power plant entered into the instant construction contract with the Plaintiff with the following content:

(A)The owner (referred to as "A") and the supplier (referred to as "B") shall enter into a contract for the construction and goods of solar power plants as follows:

1. Contract name: D-solar power plant installation works (700KW) construction works and commodity contracts;

2. On-site and place of delivery: Net Chang-gun C of the former North Korea.

3. Contract term: From September 23, 2013 to May 30, 2014: Contract amount: KRW 911,680,000 (including value-added tax);

5.The scope of the goods “B” means the construction of solar power plants (70KW, crop cultivation type) within the previous Northern-gun C site, and shall attach a construction specifications and construction scope, and shall implement it in good faith.

6.The payment contract shall be 250,000,000 won (excluding value added tax).