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(영문) 서울중앙지방법원 2021.01.28 2019가합509736
공사대금
Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 4,593,072,00 and KRW 956,890,00 among them, from March 22, 2019 to KRW 1,722,400.

Reasons

1. Facts of recognition;

A. The status of the parties is a stock company established for the purpose of information and communications construction business, electrical construction business and fire fighting facility business, energy diagnosis business, energy conservation specialized business, and other business related to energy use rationalization business, and the defendant is a stock company established for the purpose of the control business (excluding wooden business), the structural frame, and the business of manufacturing the pelpel boxes.

Plaintiff

The supplementary intervenor is a corporation established with the purpose of developing, manufacturing, processing, selling, leasing, and providing services, etc. the distribution and related systems and materials.

B. On December 13, 2017, the Plaintiff and the Defendant’s contract performance status 1) consisted of energy storage devices (ES, Engyrance, and energy storage devices manufactured from the Defendant to be used when it is necessary to store electricity produced through development, (i) exhaustor ( energy storage), (ii) Bms (Bms) management management (S) management devices), (iii) PCS (PS (Power change devices), (iv) Pms management (PS (PS) management devices and energy storage operation devices.

The construction of the instant energy storage device (hereinafter referred to as the “instant construction”) was concluded during the construction period from December 14, 2017 to August 31, 2018, with the contract amount of KRW 6,178,500,000 (a separate value-added tax), and the contract for the construction of the energy storage device (hereinafter referred to as the “instant contract”). The relevant terms and conditions of the instant contract incorporated into the terms and conditions, the specifications of main machinery and equipment, and the guarantee of remaining capacity of the distribution yard, etc. are as follows.

The monthly repayment of KRW 6,178,500,000 for KRW 173,980 to 28: 29:53,930,000 for KRW 53: 12,740,00 for the construction period from December 14, 2017 to August 31, 2018. ① The Plaintiff supplies and supplies the object of this contract at the construction site designated by the Defendant within the construction period.

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