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(영문) 춘천지방법원원주지원 2019.02.20 2017가단31226
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 36,003,300 to the Plaintiff (Counterclaim Defendant) and its payment from July 18, 2018 to February 20, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 13, 2016, the Plaintiff engaged in the business of manufacturing solar power plants, etc., and concluded a construction contract (hereinafter “instant construction contract”) with the Defendant for the production and installation of ground structures on which sprinks are installed in the construction works of solar power plants located in the nuclear power plant located in the nuclear power plant in the nuclear city, and with respect to the construction works whose content is the production and installation of basic files, which are underground structures supporting the ground structures installed in the installation of the spares during the construction works of solar power plants in the nuclear power plant located in the nuclear power plant in the nuclear city in the nuclear power plant in the nuclear city (hereinafter “instant construction works”), within a fixed period of not more than 393,030,000 won, and within 60 days from the date the construction period is completed (hereinafter “instant construction contract”). With respect to the construction works whose content is the production and installation of ground structures and spares (hereinafter “instant construction works”) within the construction period of not more than 152,5150,000 and 60 days from the construction period.

B. The Plaintiff completed the instant construction project on December 2, 2016.

The Defendant paid KRW 260,138,700 to the Plaintiff as the construction cost of the instant first construction project.

C. The Defendant paid KRW 15,576,300 to the Plaintiff as the construction cost of the instant secondary construction project.

On January 29, 2017, the Defendant: (a) notified the Plaintiff that the instant construction contract was terminated on the ground that the Plaintiff had a pre-Namju and Vietnam factory where the Plaintiff did not exist in the contract process; and (b) forged and executed the structural safety confirmation of the instant construction project.

E. The Plaintiff declared to the Defendant the rescission of the instant second construction contract on the ground that the instant second construction work did not proceed due to the Defendant’s fault.

[Ground of recognition] Facts without dispute, and each entry or video number of Gap evidence 1 through 4, 15, and 16.

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