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(영문) 서울중앙지방법원 2018.11.26 2016가단5027897
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1) Nonparty D (hereinafter “D”)

) The company is established mainly for the development, manufacture, and sale of solar power and wind power generation systems, and the Plaintiff is a company established by division from D on January 8, 2014 (hereinafter “Plaintiff’s side”), where the part of the solar power generation system maintenance and management project is divided and established (hereinafter “specificly not necessary”).

(2) The Defendant, as an affiliate affiliated to the E Group, was established primarily for the construction and operation of solar power plants, and was merged on July 4, 2016, after the instant lawsuit was filed, B, an affiliate to the same group.

(hereinafter referred to as "the defendant's side"). B.

1) E Group 1, including the conclusion of a construction contract, has set up a plan for the installation of solar power generation system on the 16 factory roof of affiliated companies in nationwide regions to sell electricity produced therefrom. 2) Accordingly, B concluded the construction contract for the construction of the solar power generation system for four factories (hereinafter “instant solar power generation system”) between D and D on October 14, 2013 (hereinafter “instant solar power generation system”). The contract amount was KRW 4,925,60,000 (excluding value-added tax), the construction period from October 14, 2013 to December 31, 2013, and the compensation for delay was 0.3% of the contract amount (hereinafter “instant construction contract”).

3) Meanwhile, as between D and D on November 30, 2012, the Defendant refers to the respective solar power generation system for 12 factories in E Group (hereinafter the above solar power generation system).

(C) On January 2, 2014, B, the truster, entered into a contract for construction work with the Plaintiff on the following grounds: (a) the contract amount of the construction work is KRW 13,674,838,000 (excluding value-added tax); (b) the construction period from November 15, 2012 to January 31, 2013; and (c) the compensation for delay is 0.3/1% of the contract amount; and (b) B, the truster, the Plaintiff, as the management and operation company.

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