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(영문) 전주지방법원 2016.08.10 2015가단4551
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 342,546 and its amount from September 26, 2014 to August 10, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff was awarded a contract for installation of solar power facilities from the Defendant to a company with the aim of manufacturing and selling solar power facilities. 2) The Defendant operated a stable on the Jeonbuk-gun B and C ground. The Plaintiff contracted the construction of installation of solar power facilities (hereinafter “instant construction”) on the roof of the said stable (hereinafter “instant construction”).

B. (1) On March 20, 2014, the Defendant entered into a contract with the Governor of Jeollabuk-do on April 9, 2014 (hereinafter “instant contract”) and entered into a contract with the Defendant and the instant construction during the construction period from May 10, 2014 to June 30, 2014 (including value-added tax) under which a contract for commercial solar power generation facilities (hereinafter “instant contract”) was entered into and entered into, on April 9, 2014, the contract for commercial solar power generation facilities (hereinafter “instant contract”).

3) Of the contents of the instant contract, the issues of the instant case are as follows: ① Contract bond: (1) 20% of the contract amount; (2) - 20% of the contract amount; 46.2 million won at the time of the conclusion of the contract; (ii) 70% of the contract amount; 10% of the balance - 16.1.7 million won at the time of carrying in in in in in in in in in in in in in in insssssssssssssss - 10% of the balance - 10% of the remainder - 23.1 million won; (iii) 3% warranty liability ratio: 2%: 3% warranty liability ratio: 15% of the contract amount: 19% of the interest rate for delay insss : 6% of the contract amount; 4% of the business owner’s burden is confirmed by the Plaintiff as at the time of the conclusion of the instant contract; and (4) confirmation that the measures should not be taken immediately ins progress.

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