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(영문) 서울중앙지방법원 2018.05.17 2017가합553920
채권질권말소 청구의 소
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is KRW 20,234,600 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 8, 2015, the Plaintiff entered into and completed a construction contract between the Plaintiff and the Defendant (i) the solar power generation system of 99kW capacity on the ground of Gangwon-gun G and H (Building Division) around October 8, 2015 (hereinafter “instant power generation system”).

“F Corporation” that constructs the F Corporation (hereinafter “instant Corporation”).

(2) The contract for construction works (hereinafter referred to as the “instant contract”).

2) The main contents of the instant contract (Evidence A) are as follows.

Construction Contract for solar power generation system construction works

1. Contract name F Corporation;

2. Contract term from October 08, 2015 to April 30, 2016;

3. Gangwon-do refining-gun G and H (Architectural Prize) at the construction site;

4. Contract amount: The value of supply in the daily sum of KRW 1,760,000,000 (Won 1,760,000,000): One hundred and sixty billion won per day (Won 1,60,000,000): One hundred and sixty million won per day (Won 160,000,000 won); and

5. Terms and conditions of the contract for the payment of the price in cash under Article 13 (1).

9. Other matters.

1. In the absence of a power plant capacity change under the EPC TURN-KY agreement, the contract amount shall not be modified due to the modification of the design.

2. Terms and conditions of the contract and amount may be changed while the pF is in progress;

3. A product certification of a boiler shall be submitted to a product (efficiency) certification of a boiler manufacturer;

Article 3 (Scope of and Responsibility for Plaintiff’s Services) (1) The term “F Corporation” contracted by the Defendant shall be completed by the Defendant.

Liability completion means that the Plaintiff passes a pre-use inspection of solar power plants from Korea Electrical Safety Corporation.

(2) Solars, servers, structure manufacturing and installation, electrical construction, civil engineering works, electrical design/supervision, integrated supervision, and appurtenant facilities. (3) Purchase, transportation, assembly, installation, testing, and preparation and submission of a construction work report and books. (5) The preparation and submission of a construction work performance report and books, including quality control and safety management, shall be employed by the contractor and subcontractor.

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