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(영문) 수원지방법원 성남지원 2018.10.23 2016가합207078
공사대금
Text

1. As to KRW 800,618,530 and KRW 570,618,530 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 7, 2018 to October 23, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the development, manufacture, and sale of solar power generation systems, and the Defendant is a special purpose corporation established by B (hereinafter “B”) holding 100% shares of 100% shares as a company for solar power generation, solar power generation, and new and renewable energy production and sales business.

B. Around 2015, the Defendant planned the construction of six solar power plants, including C, D, E, F, and G solar power plants (hereinafter “instant six power plants”), and entered into a construction contract between the Plaintiff and the Plaintiff with the content that the said power plants are constructed and the Defendant pays the construction cost.

In relation to the above construction contract, the contract amount for the whole of the six electric power plants of this case is set out in Chapter 5,002,560,000 (excluding value-added tax) and Chapter 6 separate construction contract for each individual electric power plant.

C. Of the individual construction contract forms in the above Chapter 6, the main contents of the individual construction contract form for C power plants and F power plants (hereinafter “instant power plants”) are as follows.

C Power plants (Evidence 2 of A) F Power Plants (Evidence 3 of A)

2. Contract price: Value of supply: 1,453,00,000 won: 145,300,000 won: 1,598,300,000 won.

5. Payment terms (30%) advance payment: Within 30 business days after commencement of construction work: Balance (20%) within 15 business days after completion of construction work: Additional taxes within 15 business days after completion of construction work after completion of construction work: Additional taxes are refunded within five business days after completion of construction work subject to pre-use inspection and issuance of supply certificates;

2. Contract price: Value of supply: 1,570,000,000 won: 1,727,00,000 won;

5. Payment terms (30%) advance payment: Within 30 business days after commencement of construction work: Balance (20%) within 15 business days after completion of construction work: Additional taxes within 15 business days after completion of construction work after completion of construction work:

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