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(영문) 대구지방법원김천지원 2020.11.04 2019가단36888
공사대금
Text

1. The Defendant’s KRW 83,059,080 for the Plaintiff and 5% per annum from November 22, 2019 to November 4, 2020, and the following.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in each of the evidence Nos. 1, 2, and 2-1, 2, 3, 4, 1, 2, 3, 4, 5, 6, 9, and evidence Nos. 1, 1, 2, and 2-1, 3, 4, 1, 3, 4, 5, 6,

On February 13, 2018, the Plaintiff entered into a contract with the Defendant to set the contract amount of KRW 301,400,000 (value of KRW 274,000,000, value-added tax 27,400,000) with respect to the installation work of solar power plants 200kW located in the Gu and America-si (hereinafter “instant D Electric Power Plant Construction Contract”) and construction schedule as 60 days after the completion of permission for development activities (hereinafter “instant D Electric Power Plant Construction Contract”).

B. On February 13, 2018, the Plaintiff entered into a contract with the Defendant to perform construction works at 150,700,000 won (supply price of KRW 137,00,000, value-added tax of KRW 13,700,000), and construction schedule for 60 days after completion of permission for development activities (hereinafter “instant FF Power Plant Construction Contract”).

C. On February 13, 2018, the Defendant remitted KRW 54,800,000, which is 20% of the supply value, to the Plaintiff as the down payment for the instant D Electric Power Plant Construction. The Defendant wired KRW 27,400,000, which is 20% of the supply value, to the down payment for the instant F Power Station Construction.

The Defendant paid the Plaintiff KRW 41,100,000 on March 26, 2018 and KRW 40,000 on May 21, 2018 as construction price with respect to the instant construction contract for the F Power Plants, respectively, to the Plaintiff, and the Plaintiff completed the instant construction work for the F Power Plants.

E. On February 14, 2019, the Plaintiff entered into a contract with the Defendant to execute construction works with the amount of KRW 279,400,000 (value of KRW 254,000,000, value-added tax 25,400,000), period of construction from February 14, 2019 to April 13, 2019, and construction schedule as 60 days after completion of development permission (hereinafter “the instant I Electric Power Plant Construction Contract”).

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