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(영문) 부산고등법원 2020.02.05 2017나50709
계약해지무효 확인등
Text

1. In accordance with the claim that was changed in exchange in this court, the defendant shall pay to the plaintiff KRW 1,905,893,733 and this shall apply.

Reasons

Basic Facts

The plaintiff is a company that is established on October 19, 1994 and operates the steel structure manufacturing and installation work business, machinery and equipment work business, etc.

The defendant is a company that is established on April 2, 2001 and develops electric resources and operates a C power plant located in D in Seopopo City (hereinafter referred to as the "electric power plant of this case").

Conclusion, etc. of sales contracts and construction contracts between the Plaintiff and the Defendant

Ⅱ Basic plans; and

1. Construction name: The instant construction project;

2. Construction costs: 2,282,870,000 won (excluding value-added tax);

3. Purposes of construction: For the instant facilities, the removal of which has been determined in accordance with the fifth power supply and demand plan, the construction cost has been calculated in order to establish an appropriate removal plan by disposal type, such as sale, recycling, and disposal, and to secure subsequent housing sites by prompt removal;

6. Matters regarding major work.

(a) Removal of structures;

(b) Removal of bricks;

(c) Removal of machinery and facilities (power generation equipment and tanks);

(d) Removal of machinery and equipment;

(e) Removal of mooring facilities;

(f) Appurtenant works;

(g) Asbestos removal works;

Ⅲ A construction description.

4. The scope of construction works;

(a) the removal of power plants, including bricks;

(e) A separate order for waste treatment is scheduled.

Ⅴ Around August 2014, the Defendant requested design services concerning the removal of 40M (10M x 4) smoke-generating equipment and ancillary facilities (hereinafter “instant construction”) within the instant power plant (hereinafter “instant facilities”) to G Co., Ltd. (hereinafter “G”) around August 2014. Around August 2014, G submitted the construction plan (3 and 12 copies of the instant construction plan; hereinafter “instant construction plan”) to the Defendant.

The main contents of the construction plan of this case are as follows.

On October 31, 2014, based on the instant construction plan, the Defendant rendered a bid for sale under the condition of removal of the instant facilities, as follows.

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