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(영문) 춘천지방법원 원주지원 2017.01.12 2016가합5302
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 160,640,700 to the Defendant (Counterclaim Plaintiff) and its related amount from March 5, 2016 to January 12, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On May 23, 2014, the Plaintiff entered into a contract with the Defendant to set the construction cost of KRW 825,00,000 (including value-added tax) with the installation of solar power generation facilities (hereinafter “instant construction contract”) on the ground of the Crossing-gun of Gangwon-do (hereinafter “instant power generation facilities”), and completed the construction and pre-use inspection on July 21, 2014.

The “construction cost” column of the instant construction contract states that “The remainder shall be paid in cash within 30% of the total project cost within 14 days from the date of completion of the inspection before the use of electrical safety works,” and “the scope of installation and conditions of delivery” column “1.0 solar slicks, tybers, electricity, and attached structures (only the Korea Electric Power Corporation and the Korea Electric Power Corporation separately);

2. The transfer shall be made after the completion of the works prior to the use of electrical safety works;

The term "" is written as "."

The Defendant paid KRW 750,000,000 to the Plaintiff as the construction cost under the instant construction contract.

[Reasons for Recognition] The Plaintiff’s assertion of the purport of the entire pleadings and facts without dispute, Gap’s evidence Nos. 1, 3, and 4, and the Plaintiff’s assertion that the purport of the entire pleadings lies in converting low-tension electricity generated from solar energy into high-tension electricity used by the Korea Electric Power Corporation (hereinafter “construction work of a water distribution team”).

A) A total of KRW 53,891,820 for construction costs (= KRW 275,00 for Crecil work costs of KRW 275,00 for high voltage measuring instruments of KRW 1,142,420 for Drecincinus costs of KRW 1,142,420 for Korea Electric Power Corporation and KRW 242,352,40 for Korea Electric Power Corporation’s installation cost of KRW 51,352,40 for Korea Electric Power Corporation.

Since the installation of the water distribution team in this case is an additional construction that is not included in the scope of the construction of the construction contract in this case, the Defendant added the construction cost of KRW 75,00,000 to the Plaintiff and the additional construction cost of KRW 53,891,820 due to the installation of the water distribution team in this case.

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