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(영문) 춘천지방법원 원주지원 2018.09.12 2017가단36535
공사대금
Text

1. The defendant,

A. The Plaintiff’s KRW 117,194,40 as well as 5% per annum from October 14, 2017 to September 12, 2018.

Reasons

1. Basic facts

A. On November 28, 2016, the Plaintiff drafted a construction contract with the Defendant to supply and demand the construction project cost of KRW 374,000,000 for the installation of solar power generation facilities (hereinafter “instant construction project”) to the C Group (hereinafter “instant construction project”) at KRW 374,00,000 (hereinafter “instant contract”).

B. The main contents of the instant contract are as follows.

Period: The payment of price from November 28, 2016 to June 30, 2017

(c) Balance: Payment in cash within seven days from the date of commencing the whole business;

It is the exchange key with the balance at the time of transferring the certificate of electrical safety inspection and the electricity supply and demand contract to Korea Electric Power Corporation.

Liability for Warranty of Defects

(a) Defect liability: substituted by 3% of the contract amount, cash, or surety insurance policy;

C. The Plaintiff and the Defendant changed the construction contents to install only 100 Kw prior to the instant construction work, and the Plaintiff completed the instant construction work on August 28, 2017.

On September 4, 2017, the Defendant concluded an electricity supply contract with the Korea Electric Power Corporation to supply electricity produced from the instant facilities.

E. The Defendant paid KRW 74,865,600 to the Plaintiff with the instant construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim and the purport of the entire pleadings, the Plaintiff completed the instant construction on August 28, 2017, and the Defendant concluded an electricity supply contract with the Korea Electric Power Corporation on September 4, 2017, and paid KRW 74,865,600 to the Plaintiff as the price for the instant construction work.

On the other hand, Gap evidence Nos. 1, 2, and 5 are written, the results of this court's submission of financial transaction information to D Co., Ltd., and the whole purport of arguments.

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