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(영문) 청주지방법원 2013.02.18 2011가합1498
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,148,320,851 to the Defendant (Counterclaim Plaintiff) and its related amount from July 26, 2012 to February 18, 2013.

Reasons

The main lawsuit and counterclaim are also examined.

1. Recognition of basic facts;

A. The Plaintiff is a corporation established for the purpose of solar power generation business, and the Defendant is a corporation established for the purpose of manufacturing and selling new and renewable energy products, such as solar power generation facilities.

B. On September 1, 2009, the Plaintiff entered into a contract with the Defendant on the contract amount of KRW 4,529,80,000 (including additional taxes) on the ground of 109, Dosan-si, Dosan-do, Dosan-do, Docheon-do (hereinafter “instant construction contract”) to set the contract period from September 1, 2009 to November 10, 2009 (hereinafter “instant construction contract”). The main contents of the said contract are as follows.

1. Construction name: Construction works for the solar power generation system in the Docheon-si (792KWP) Special Metropolitan City Mayor;

4. Contract amount: 4,529,800,000 won (including value added tax) - Contract amount shall be 5,200,000 won per kw (excluding value added tax).

-the amount of money shall be adjusted in accordance with the manner of power generation and the arrangement of chains;

5. The scope of the Corporation: (a) the scope of the Corporation shall include the material supply of solar equipment in the solar power generation system, the foundation and distribution of support unit, the assembly and distribution line, the installation and distribution of monitoring systems, the installation and distribution line, the installation and distribution line of connecting systems, the installation and distribution line, the installation and distribution line of connections, the installation and distribution line of high pressure and power measuring instruments, the installation and distribution line, the installation and distribution line of high pressure and power generation measuring devices, fences, CCTVs, the installation and installation of electric room construction, etc.

6. Payment of the price;

(a) Contract deposit for a construction project: The standards for down payment shall be 10%, and other methods of payment shall be determined through consultation;

(b) Installation costs and remainder: The installation costs and remainder shall be paid in cash immediately after receipt of funds according to the level of the progress of the project;

(c) The adjustment of price and payment (1) shall be made in accordance with the content and proportion within 30 (30) days from the date the ordering person receives the adjustment from the ordering person;

(2) from the ordering person.

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