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(영문) 서울중앙지방법원 2018.08.23 2017가단5081782
손해배상(기)
Text

1. As to KRW 22,869,00 and KRW 759,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 22,869,00 from May 19, 2017, and KRW 22,110,00.

Reasons

1. Basic facts

A. On July 3, 2013, the Plaintiff was awarded a contract from C Co., Ltd. (hereinafter “C”) to install solar power generation systems for C’s head office and new factory at KRW 6,636,389,000 of the construction cost (excluding value-added tax, and the construction cost related to the head office among them is KRW 4,117,940,000).

B. On September 27, 2013, the Plaintiff subcontracted the installation of the headquarters C head office Nos. 1 and 2 solar power plants to the Defendant (hereinafter “stock company D”) with the construction cost set at KRW 1,870,00,000 (value-added tax separate).

(hereinafter “instant subcontract”). The terms and conditions of the instant subcontract include the following:

Article 18 (Inspection and Delivery) (1) Upon completion of construction, the defendant shall notify the plaintiff without delay after receiving notice, and the plaintiff shall conduct the inspection in the presence of the defendant, and shall notify the defendant of the result of the inspection in writing within five days unless there is good cause.

Where the plaintiff fails to notify within five days, he/she shall be deemed to have passed an inspection.

20 (Defect Security) The defendant is not liable for warranty against defects.

However, this provision shall not apply to the part which is not known to the defendant.

C. On July 31, 2014, the Plaintiff and the Defendant calculated the amount of construction determined by the Plaintiff’s supply, the amount of construction work undertaken by the Plaintiff on behalf of the Defendant, and the amount of construction work paid until the time. Based on this modified contract, the Defendant submitted defect performance insurance to the Plaintiff, issued the tax invoice, and received the completion inspection from the Plaintiff.

On October 15, 2013 with respect to solar power plants, the Defendant was inspected by the Korea Electrical Safety Corporation on October 15, 201, and was issued a facility confirmation from the new and renewable Energy Center on November 7, 2013.

E. The defendant shall solar energy.

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