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(영문) 서울중앙지방법원 2017.02.10 2016가합532087
공사대금
Text

1. The Defendants jointly share KRW 240,200,000 with respect to the Plaintiff and 5% per annum from July 26, 2015 to June 10, 2016.

Reasons

1. Facts of recognition;

A. On March 17, 2014, the Plaintiff entered into a contract with Defendant A to supply and demand the amount of KRW 473 million (hereinafter “instant contract”) at KRW 170,000 (hereinafter “instant contract”) with Defendant A, and concluded a contract to increase the facility capacity on October 7, 2010 to the contract amount of KRW 564km and the contract amount of KRW 127,600,000 was increased to KRW 760,00,000 as a new and renewable energy supply system, which is a new and renewable energy supply obligation system that requires a certain scale of power generation business operator to use a new and renewable energy.

B. On June 16, 2015, the Plaintiff entered into a contract with Defendant A and the Plaintiff to extend the completion date of the instant construction works to “ August 31, 2015,” and to “1.26 billion won” from “1.276 billion won” to “1.26 billion won (the Plaintiff, who is the ordering person, bears part of the expenses for the system entry construction works to be borne by the said Defendant, to deduct the said amount).

C. On July 15, 2015, Defendant A passed a pre-use inspection on solar power generation facilities of the instant solar power plant built by the Plaintiff, 22.90V 563.3kW, and received a confirmation certificate from the Korea Electrical Safety Corporation, and the same year.

9.7. After obtaining the confirmation of facilities subject to the issuance of supply certificates from the new and renewable energy center, the report on the commencement of the business under Article 9(4) of the Electric Utility Act shall be completed;

On December 16, 2015, the Plaintiff filed a claim for payment of KRW 240,200,000 (the date of payment under the instant contract: within 10 days from the date of passing the pre-use inspection of the construction work) with Defendant A, whose payment was delayed by the said Defendant.

E. Accordingly, on January 29, 2016, Defendant B Co., Ltd. (the representative director, Defendant A, and Defendant B) concluded a comprehensive transfer agreement with Defendant A with the Plaintiff.

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