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(영문) 수원지방법원 성남지원 2018.10.23 2016가합1249
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) Co., Ltd. with respect to KRW 74,282,873 and its amount from July 11, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties 1) The trade name was changed to “A” corporation G ( April 1, 2015).

) The purpose of the design, construction, operation, maintenance and repair business of information and communications networks and systems, electrical construction and pre-company design, supervision, maintenance and repair business, construction, and maintenance and management of facilities, etc., was the Seoul Central District Court rendered a decision on commencement of rehabilitation procedures on March 21, 2014 (hereinafter “Plaintiffs” without distinguishing the Plaintiff, who was the administrator of the aforementioned company and rehabilitation company prior to the decision on commencement of rehabilitation procedures, from the perspective of the Seoul Central District Court’s decision on

(2) The Defendants are entities operating new and renewable energy businesses, and entities constructing and operating solar power plants and their accessory facilities, which are new and renewable energy facilities under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter “New and Renewable Energy Act”).

B. The Defendants concluded each construction contract of the instant case with respect to construction works for solar power generation projects between the Plaintiff and the Defendants as the contractor and the contractor on December 16, 2013, with respect to construction works for solar power generation projects in the Young-gu, the following construction contract (hereinafter “instant construction contract”).

) The Plaintiff and the Defendants concluded an individual contract, but only the contract amount per Defendant is different, and the remaining terms and conditions of the contract are identical.

hereinafter the Plaintiff does not distinguish each solar power generation business facility that the Plaintiff constructed and constructed to the Defendants, and collectively “the instant power plant” is called “the instant power plant.

(i) Article 1 (Contents of this Project), Defendant C, Defendant D, Defendant E-Contract Amounting to KRW 2,398,00,000 (including value-added tax, collective contract for construction works, provided that the amount is in accordance with Appendix I of this Agreement.

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