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(영문) 대구지방법원서부지원 2019.12.26 2018가합53348
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The key content of the instant contract is to confirm that the said amount will be completed to the Defendant on the completion of the solar power plant in Gyeongnam-gun E 600KW, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongnam-gun, Gyeongdong-gun, and Gyeongdong-gun. The sum of KRW 400,000 plus KRW 342,00,000 shall be confirmed on the remainder of KRW 58,00,000.

(b) release any security from the Fund and the G Association;

(Completion Notice) above 58,00,000 won shall be paid after the completion of the power plant (one month or less)

A. On March 13, 2012, the Plaintiff and the Defendant drafted each of the following contracts (hereinafter “instant contract”) and the instrument of borrowing (hereinafter “the instant certificate of borrowing”).

The main contents of the loan certificate of this case - The plaintiff shall borrow 100,000,000 won to the defendant, but the above 58,000,000 won out of the above 1,00,000 won shall be refunded to the defendant when H-powered power plants are completed.

- - The security of 200KW of I Taeyang Power in E

(Provided, That only 42,00,000 won as security) - J guarantees the Plaintiff’s obligation to the Defendant (Provided, That only 42,00,000 won as security)

B. According to the terms of the instant contract, the Plaintiff completed each solar power plant (hereinafter referred to as “instant power plant”) in the Dail-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter referred to as “E land”), and delivered it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 Plaintiff, upon completion of the instant electric power plant and delivery to the Defendant, paid a total of KRW 400 million as the price for the instant electric power plant. Of that, the Plaintiff received KRW 342 million, depending on the flag rate, and the remainder KRW 58 million was paid upon cancellation of the registration of creation of a neighboring mortgage on E’s land after the completion of the electric power plant.

On the other hand, the defendant around September 201, 680 F's shares from K around September 201, 60 million won.

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