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(영문) 대전지방법원 2017.12.12 2016가단204148
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 6, 2015, the Plaintiff concluded installation works for commercial solar power plants (hereinafter “instant construction contract”) on the ground of the Defendant and the Chungcheong-gun C, Chungcheongnam-gun (hereinafter “instant construction contract”) with a solar power plant construction company. The main contents of the contract are as follows.

- Product name: solar power plant facility (commercial use): B-solar power plant - capacity: 200k price: 440,000,000 won (value-added tax attached) - Contract deposit: 44,000,000 won for intermediate payment: 36,000,000 won for intermediate payment at the time of issuance of a permit, and 360,000,000 won for the last balance shall be paid immediately after completion of the construction.

- The plaintiff shall issue a contract performance bond and warranty insurance bond to the defendant.

Where authorization, permission and construction is impossible for reasons other than the defendant's negligence during construction, the plaintiff shall refund the down payment and intermediate payment.

- In the event that the construction is suspended due to reasons other than the defendant's negligence after the purchase of land was finalized, the plaintiff purchases the land already purchased by the defendant under the same conditions as the defendant without delay.

Article 3 (Orderer) of the General Conditions of the Contract for Construction Work shall provide the plaintiff with cooperation and support necessary for performing the duties under the contract.

Article 4 (Beneficiary) The plaintiff shall make a product in accordance with the contract, drawings, and specifications, and shall be established as an equal product by mutual consent at the time of changing the product due to unavoidable circumstances.

Article 7 (Extension of Period of Construction) Where the performance of construction is delayed due to the defendant's responsible reason or due to reasons not attributable to the plaintiff, such as natural disasters, authorization and permission, civil petitions, force majeure events, the plaintiff may request the defendant to extend

Article 8 (Non-conforming Construction Works) When there are parts inappropriate for the design drawing among the construction works performed by the plaintiff, the defendant may request the correction thereof, and the plaintiff shall comply with the request without delay.

Article 10 (Contract Deposit) The down payment and the advance payment for authorization shall be the expenses, etc. for the power generation business.

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