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(영문) 서울중앙지방법원 2018.11.27 2016가단81629
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) Co., Ltd. with KRW 67,760,000 and the Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is a technology that directly converts solar power generation solar energy into electric energy, and its basic principle is the generation of electricity by using the optical electronic effect using solar power, which is applied to the solar energy generated in the racks.

Companies running businesses such as manufacturing, selling, and constructing systems, etc., and the Defendants are companies running businesses such as the development of solar power complexes.

B. On November 21, 2012, the Defendants ordered construction of solar power plants and their accessory facilities on the ground (hereinafter “instant construction”) on the surface of the Gyeonggi-do Nutrition Group D, E, F, and G (hereinafter “project site”). On March 18, 2013, the Plaintiff and H Co., Ltd. (hereinafter “H”), a joint contractor, ordered construction of the instant construction project to the Plaintiff and H Co., Ltd. (hereinafter “H”), as follows: (a) the contract amount of the part ordering Defendant B’s order for the instant division; (b) KRW 4,14,80,000; (c) KRW 4,14,108,50,000; and (d) the construction of the instant construction project from February 1, 2013 to April 30, 2013 to April 30, 2013; and (d) 5% of the construction completion contract amount for the defect warranty bond of three years from the date of warranty guarantee period.

(hereinafter referred to as “each contract of this case”). Each contract of construction works is professional A, B (Omission)

C. In the contractor’s contract text, the Plaintiff and H are collectively referred to as “contractor.”

Members of a contractor shall be jointly and severally liable for the performance of all the obligations of the contractor, including design, construction and repair of defects, to the contractor, and the subcontractor and the supplier shall also be jointly and severally liable for the performance of the subcontractor and the supplier.

D. A contractor is aware of the contract concluded on November 30, 2012 with I Co., Ltd. (hereinafter “I”) with respect to civil engineering installation works of a project site, and the contractor is jointly and severally liable to I under that contract.

Article 53 (Joint and Several Liability of Contractors) (1) Contractors shall be jointly and severally.

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