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(영문) 제주지방법원 2015.11.04 2014나2730
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

On October 23, 2007, the Plaintiff entered into a contract with the Defendant to construct solar power plants at the rate of 200kW (hereinafter “instant construction”) at the rate of 1.8 billion won for construction work (hereinafter “instant contract”).

B. The main contents of the terms of the construction contract added to the instant construction contract are as follows.

Article 1 (3) Business outlines of Article 1 (3) All the affairs necessary for the normal operation of solar power plants, such as the purchase of lots, construction except authorization and permission, and the conclusion of sales contracts at electric power stations after completion.

Article 7. Construction and completion and inspection of construction (1) When a contractor completes construction, the contractor shall submit one CD-1 and three copies of the relevant documents, such as construction site photographs from the commencement to the completion of construction, completion books, re-inspection reports, driving manuals, machinery specifications, and measurement marks, to the project owner in writing via supervisors, and shall also undergo the necessary inspection, and the completed part shall also be subject to the same procedure.

(2) Upon receipt of the completion report under the above paragraph (1), the project owner shall conduct a completion inspection in the presence of a supervisor, necessary supervision institution, or contractor within the period agreed with the contractor.

(3) Where a completion inspector discovers that part or all of the contractor's contract performance violates or is unreasonable in an inspection under the above paragraph (2), he/she may issue an order to take necessary corrective measures in writing.

In such cases, the completion inspection shall be conducted by calculating the period under the above paragraph (2) from the date of receiving written notice from the contractor.

Article 10 (Special Engineers) (2) Detailed specifications shall meet at least the following requirements:

3.The monitoring system of solar power generation shall be the monitoring function, measuring function, recording and statistical function, alarm function, the current development by daily time zone, and the status of parts.

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