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(영문) 광주지방법원 2020.07.08 2019나62955
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 33,200,484 and its amount on September 2017.

Reasons

1. Basic facts

A. On September 26, 2016, the Plaintiff, including the conclusion of a solar power plant contract, concluded a solar power plant contract (hereinafter referred to as the “instant contract”) with the Defendant to establish solar power plants (hereinafter referred to as “solar power plant in this case”) on the same day after completing the growing company of animals and plants in the Yannam-gun, Gun, D, E, F, and G on the ground of the Defendant, as follows.

【Standard Contract for solar power generation Project】

1. The name of the power plant: H power plant (84kwp);

2. Place of installation: 18 buildings in the Gun in the south of Korea, C, D, E, F, and G.

3. Contract amount: 267,960,000 won; and

4. Value of supply: 243,600,000 won.

5. Additional tax: 24,360,000 won.

6. Preliminary period of business: Permission after completion of a cultivation shed of animals and plants.

7. Period of construction: January 25, 2017 on the date of completion;

(a) advance payment 26,796,000 - 10% of the contract amount on the date of the contract;

(b)The first intermediate payment of KRW 53,592,00 - the contract amount of the second intermediate payment of KRW 160,776,000 on the commencement date of the cultivation of animals and plants - 60% of the work on solar field.

C. Balance 26,796,000 - Contract amount of 10% of the contract amount as of the date of approval for the inspection for the point of exclusive use for the Korean electric power plant: Warranty bond rate of 3% (3%) of the contract amount: 8,038,800 won: Land costs: 43,37,747 won [General Conditions for Standard Contract] 18 (Performance Delay and Exemption Matters] (1) If the plaintiff fails to complete the production and trial operation within the construction period as set forth in the contract, he shall calculate the liquidated damages and pay it to the defendant.

The standard rate (1/1,00)/day Article 23 (Operation of Plant Breeding Companies) Animal and Plant Farming Companies (hereinafter referred to as the "FFFF") shall be used and operated for 25 years from I to 25 years from the date of commencement of the electric generation business, and the user fee for 25 years shall be divided into ten times each year for 1/25,7/25 years from the date of commencement of the electric generation business, with the same amount as the total land cost paid by the Defendant to the Plaintiff for 25 years.

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