(영문) 서울고등법원 2016.12.22 2016나2021351

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(영문) 서울고등법원 2016.12.22 2016나2021351

공사대금

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1. On the merits of the judgment of the first instance, including the claim by the plaintiff (Counterclaim defendant) who has been expanded and reduced in the trial.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On September 19, 2012, the Plaintiff entered into a contract for construction works with the Defendant, setting the construction period from September 20, 2012 to November 15, 2012, with the construction period of the new construction of solar power plants B on the ground C (hereinafter “instant power plant”).

3. Period: From April 23, 2013 to June 10, 2013.

4. Contract amount: 4.4 billion won.

5. The method of payment (cash payment) (1) The amount of progress payment (636,363,636 won)

④ KRW 278,636,364 is a solar power plant, separate from the instant power plant, that the Plaintiff entered into and newly built a construction contract with the Defendant on September 19, 2012.

The plaintiff shall be transferred to the plaintiff except for the amount calculated by deducting the minimum cost from the power plant development profit of this case.

7. The ratio of warranty bond: 3% of the contract amount (excluding solar light drums);

8. Warranty period: 36 months from the completion date.

B. When the commencement time of the instant power plant was delayed, the Plaintiff entered into a modified contract with the Defendant on April 23, 2013 (hereinafter collectively referred to as the “instant construction contract”).

1) Multi-solars and system-based solar-based solar-comer (liability: Business owner) - Manufacturing and specification are selected at the business owner’s option, and the overall responsibility for the cycles and servers, such as product efficiency and lifespan, response and treatment, etc., when a defect occurs, shall be the business owner, and no liability shall be charged to the Plaintiff with any liability related to the caps and servers. - Since the matters concerning solar-comers and servers are the products designated by the business owner, the defect performance guarantee certificate shall not be issued because the Plaintiff, the contractor, is the products designated by the business owner, is not responsible for the defect. 2) The Plaintiff shall be responsible for the structure and civil works.

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