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1. Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The defendant is a business operator who operates the electricity business under the trade name of Go Chang-gun B (hereinafter "the instant site") located in Go Chang-gun B (hereinafter "the instant plant"). The plaintiff is a corporation for the purpose of electrical construction business, etc., and is a person who constructed the instant plant upon receiving a contract from the defendant for the installation of the power plant facilities of this case.
B. (1) Around May 14, 2007, the Defendant obtained a permit for an electricity generation business from the Governor of Jeollabuk-do to install a solar power plant on the instant site to operate an electricity business. Around August 17, 2007, the Defendant filed a construction report on the instant power plant with the Gohap-gun on the instant site. On June 11, 2008, the Plaintiff entered into the instant construction contract for the installation of the instant power plant (hereinafter “instant construction contract”) with the following content:
- The main contents of the instant construction contract (explication -
1. Construction name: C (196kW) facility construction;
2. The construction site: Go Chang-gun, Jeon Chang-gun, North Korea;
3. Date of commencement: Scheduled date of completion on June 20, 2008: 1,578,544,900 won (including additional tax 141,536,00 won) on August 30, 2008.
6. Advance payments: 129,603,000 won.
7. Completion portion: once a month.
8. Warranty liability: 1% of the warranty bond rate for defect repairs / Three years from the date of completion of defect warranty liability period;
9. Rate of liquidated damages: Article 3 of the General Conditions of the Contract for Construction Work 1/100 on a daily basis.
C. (i) When the Plaintiff has passed an inspection under the provisions after completion of the construction, the Plaintiff shall claim the payment of the cost in accordance with the prescribed procedure.
She may pay the consideration within 14 days of receipt of the request.
Article 6 (Matters of Special Agreement)
2. The part of the drainage and the construction of a building shall be decided separately, and the liability for the defects shall not be charged in the event that the plaintiff is performing the construction.
2. Meanwhile, at the time of concluding the instant construction contract, the Plaintiff and the Defendant, in addition to the cost of installing the instant power plant in the said contract amount, shall also be the Defendant around April 2008.