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(영문) 대전지방법원 2017.10.17 2016가단220362
공사대금
Text

1. The Plaintiff; Defendant B shall be KRW 34,50,000; Defendant C shall be KRW 49,500,000; and each of the above amounts shall be from August 4, 2016.

Reasons

Basic Facts

A. The Plaintiff is a company that manufactures and sells equipment related to solar power generation business.

Defendant B, with the trade name “D” on August 13, 2015, completed business registration for solar power generation business, and on the same day, he/she is a person who obtained permission for the electric power generation business of 198kW with the capacity of facilities by making the business size of 4,866 kilograms (hereinafter “instant land”) prior to E at the time of official residence owned by himself/herself as a business place.

Defendant C is the wife of Defendant B.

B. On November 20, 2015, the Plaintiff was awarded a contract for construction of solar power generation facilities on the instant land by setting the construction cost of KRW 429,00,000 (including value-added tax) from Defendant B, the construction period from November 20, 2015 to April 30, 2016, and the installation of solar power generation facilities on the instant land by 198kW.

C. However, around December 2015, the Plaintiff: (a) revised the relevant provisions of the Korea Electric Power Corporation; and (b) came to be aware that more than 150kW power generation facilities have changed the system so as to link them with the eine voltages; and (c) Defendant B proposed that “If the Defendants obtained permission for each business registration and power generation business after dividing half of the facilities capacity of the peti and concluded each contract after obtaining permission for each business registration and power generation business, they would be able to create the general voltages, and the construction period may not increase; and (d) obtained Defendant B’s consent.

Accordingly, on February 12, 2016, Defendant C obtained permission for the power generation business of 99kW with the facility capacity as the business place, and completed business registration of solar power generation business on February 15, 2016 with the trade name “F”.

In addition, on February 12, 2016, Defendant B obtained permission to change the existing facility capacity from 198kW to 99kW.

E. Around February 2016, the Plaintiff was awarded a contract with Defendant B for the construction of “G solar power generation facilities (99kW)” with the following content; on the same day, the Plaintiff was awarded a contract with Defendant C for “H solar power generation facilities construction (99kW)” with the following content:

However, the above two contracts are written retrospectively by the contract date to " November 20, 2015," and they are two.

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