(영문) 수원지방법원안양지원 2017.11.23 2016가합1309

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(영문) 수원지방법원안양지원 2017.11.23 2016가합1309

양수금

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1. The Defendant’s KRW 1,149,631,270 among the Plaintiff and KRW 807,049,870 among the Plaintiff, shall be KRW 342,581,40 from November 5, 2016.

Reasons

1. Facts of recognition;

A. On November 1, 2014, the Defendant entered into a contract for the supply of the site and construction of solar power plants (hereinafter “instant contract”) with the IMM Co., Ltd. (hereinafter “CM”) with the following content:

(A) After doing so, the Defendant agreed to reduce the total amount of power generation of solar power generation facilities under the instant contract from 490 km to 408 km.

A contractor (contractor) The project owner (person subject to the contract for the Defendant (a contractor) (the name of the site supply and the contractor) the supply and construction of the site for solar power plants / [site location] the installation work / [construction content] 5 installation work for crop cultivation and solar power generation system 98 kww 98kw / [contract amount] 280,000,000 won per 98kw 1: one hundred million won (1,40,000), five.A.T. 2 separate (hereinafter omitted) from the Plaintiff (domestic acid) and the Inniveter: the Plaintiff (the Plaintiff) (the Plaintiff).

B. The Plaintiff, a company established for the purpose of manufacturing and selling the electric equipment, its parts, and systems, supplied IMMMM in around 2015 with solar strawers, etc. for the instant construction. However, the Plaintiff was not paid only part of the price of supplied goods from IMM and was not paid the remainder of KRW 1,641,541,708.

C. The Defendant was unable to receive payment of KRW 1,149,631,270 from the Defendant’s payment for solar light chains and installation of facilities under the instant contract, on the premise that the CIM is not reimbursed for KRW 1,149,631,270. B. The Plaintiff on August 24, 2016.

In order to secure the repayment of the unpaid amount of supply stated in the Paragraph, a contract was entered into for the transfer of the claim against the Defendant, which was KRW 1,149,631,270, and at that time notified the Defendant of the transfer of the claim.

(hereinafter “transfer of claim of this case”) D.

The CMM is a dead cultivation company, monitoring system, which is included in the construction of this case.

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