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(영문) 대구지방법원김천지원 2015.11.13 2014가합2054
부당이득금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the objective of manufacturing automation equipment, etc., and C Co., Ltd. (hereinafter “C”).

The purpose of this project is to build solar power plants (hereinafter referred to as “instant construction”) on the land outside D and two parcels of the Cheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do.

A) During the construction of the above solar power plant, all powers over the construction and financing generation were delegated to Defendant B. The construction contract (A No. 1)

1. Construction name: Installation of a solar power generation system C 1,00kW;

2. The construction site: Two parcels, including D, and two parcels, from the Chungcheongnam-gun, Chungcheongbuk-gun; and

3. Construction period: Commencement on September 29, 2009, and details of construction on November 4, 2009.

(a) Multi-powered mortars: 1,000kW 1;

(b) System-linked type server: 1,000kmW1;

(c) Construction works of structures: Construction works of basic sites, poles, twiter works (including control systems), racks;

(d) Electrical construction: Installation of a server, joint operation of air wires between racks, joint operation of racks group, manufacture and installation of a powder;

(e) Korea Electric Complex Connection Corporation: Connection of the Korea Electric Complex System;

(f) System protection system, and earth pressure system: One type; and

사. 건축공사 : 컨트롤룸 1식(40평 이내)

(h) Monitoring construction: Web monitoring 1, electric power trading stations mix 1;

(i) Civil engineering works: One form of flats work, drainage work, fence work;

(j) Design and supervision: One type;

(k) Safety management: One type;

5. Contract amount: 5,830,000 won (Conditions under special agreement).

1. This Agreement is the contract for solar power plant internship from September 29, 2009 to November 10, 2009.

2) On September 29, 2009, the Plaintiff concluded a contract to install solar power generation systems with C as follows (hereinafter “instant construction contract”).

B) B. B. C and E Co., Ltd. 1 entered into a contract for the instant construction contract with the Plaintiff on September 7, 2009, before entering into the instant construction contract, with respect to “civil engineering works” among the construction of E Co., Ltd. (hereinafter “E”) and the construction of solar heat power plants located in two lots, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the contract period of KRW 811,80,000, and the construction period of September 7, 2009 to November 15, 2009.

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