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(영문) 광주지방법원 2015.02.06 2014가합5427
손해배상
Text

1. The Defendant shall pay to the Plaintiff KRW 347,170,000 as well as 20% per annum from November 27, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff is a company running a business of installing and operating new and renewable energy facilities for the treatment of new and renewable energy, and the Defendant is a company running consulting, design, manufacturing, construction business, wholesale and retail business, trial run and management agency business, etc. of new and renewable energy facilities.

B. On August 22, 2011, the Plaintiff entered into a contract with the Defendant on the construction cost of KRW 3,820,000,000 (including surtax) with respect to the construction project for the installation of a project for the co-generation of byproduct Gas in Fayang-gun (Mayang-gun) and the said project (hereinafter “basic project”). The main contents are as follows.

A contract for the heat cogeneration power plant of biogas (hereinafter referred to as “the instant power plant”).

3. Construction period: Commencement on September 1, 201; completion on December 30, 201; completion on May 20, 201; replacement with performance guarantee insurance;

7. The rate of warranty bond: 5/100 (5%) and substitute it with guaranty bond for performance;

8. Warranty period: One year after completion.

9. The rate of liquidated damages for delay: Article 27 of the General Conditions of the Construction Contract for January 1, 1,000/1 / [1] When the defendant fails to complete the construction within the construction period, he shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of liquidated damages for delay in the contract for each number of days without delay (hereinafter referred to

Article 28 [Defect Security] (1) In order to guarantee the repair of defects of construction works, the defendant shall pay to the plaintiff the amount calculated by multiplying the contract amount by the rate of the warranty bond for defect repairs prescribed in the contract (hereinafter referred to as "guarantee bond for defect repairs") by the contract amount, as cash or a letter of guarantee issued by the guarantee agency under the subparagraphs of Article 4 (2),

C. On May 28, 2013, the Plaintiff entered into an additional contract with the Defendant, setting the construction cost of KRW 154,000,000 (including additional taxes) and two months from the date of receipt of the completed down payment, with respect to the additional pipeline works for biogas facilities.

The plaintiff.

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