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(영문) 서울중앙지방법원 2019.01.30 2018가합521869
공사대금
Text

1. The Defendant’s KRW 293,381,251 as well as the Plaintiff’s annual rate of 6% from November 17, 2016 to January 30, 2019.

Reasons

Basic Facts

The projects subject to the project for the construction of solar power generation facilities to be promoted by Article 1 (A) of the Special Conditions and Article 1 (A) of the FID Construction Outline of the FID Construction) together with the Plaintiff (Plaintiff) shall be as follows:

Defendant B 2,744.28, 2015. May 27, 2015, 2015, Defendant C 2,999.15, 26 January 26, 2015, “E (State) E, E, 997.15.15 January 26, 2015”

1. The company related to the civil engineering process of the instant construction is designated by F Co., Ltd. (hereinafter “F”) or A (Defendant).

2. The scope of civil engineering works performed by the designated entity F or A (Defendant) shall be as follows:

(3) All the scope of execution determined by permission for development activities, such as a rain channel of the instant construction, a hole of the ridge, and installation of a safety net of the law.

3.The F or A(Defendant)-designated civil engineering firms shall carry out all matters not specified in this Agreement as those annexed to the civil engineering works connected to paragraph 2 above.

On January 21, 2016, the Plaintiff and the Defendant concluded a contract for the installation of solar power generation facilities (hereinafter “instant construction”) with the following content as the contract amount of KRW 4,527,600,000 (including value-added tax):

On May 4, 2016, the Plaintiff and the Defendant concluded a new contract for construction works with the contract amount of KRW 4,162,400,00 (the fixed amount conditional contract for construction works, the supply price of KRW 3,784,00,000, and the value of KRW 378,40,000) as a matter of financing.

(B) On the same day, the Plaintiff and the Defendant agreed to pay the compensation calculated in accordance with the formula if the power generation time of solar power plants (hereinafter “B”) to be installed by the Plaintiff pursuant to the instant contract falls short of the development time guaranteed. The instant contract is “B management and operation entrustment contract for solar power generation.”

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