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(영문) 창원지방법원 2016.02.16 2014가단27817
물품대금
Text

1. The Defendant: (a) KRW 55,350,000 for the Plaintiff and KRW 20% per annum from October 24, 2014 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged in light of the following facts in each statement in Gap evidence Nos. 1 to 3 (including a serial number; hereinafter the same shall apply) and Eul evidence Nos. 1 and the purport of the whole pleadings, although there is no dispute between the parties to the facts of recognition:

1) On October 18, 2013, the Plaintiff determined that, among construction works for solar power plants A and B, the term of the contract from October 18, 2013 to December 31, 2013, the term “construction works for the supply of solar structures” refers to the period from October 18, 2013 to December 31, 2013; the contract amount of KRW 225,50,000 (including value-added tax); advance payments (30%) within seven days after the contract; the intermediate payments (50%) and the remainder (20%) are paid by the solar height; and the term “construction” in Article 4 of the Special Conditions for the Contract refers to the date the use of electric safety works is completed; and the pre-service prosecutor means the date the pre-service inspection is completed.

(2) The Plaintiff completed the construction of solar structures by supplying solar structures within the construction period, and completed the pre-use inspection by the Electric Safety Corporation around December 19, 2013, but the Defendant paid only KRW 170,150,000 to the Plaintiff, and did not pay the remainder of KRW 55,350,000 to the Plaintiff.

B. According to the facts of recognition, the Defendant does not pay KRW 55,350,000 among the above construction cost to the Plaintiff. Therefore, barring any special circumstance, the Defendant is obligated to pay the said cost.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff did not pay the construction cost to the Plaintiff on the grounds that the Plaintiff did not undergo the inspection of completion from the Defendant, but as seen earlier, the Plaintiff completed the supply and installation of solar structures of this case, and completed the inspection before use from the Electric Safety Corporation. Therefore, this part of the allegation

B. In addition, the Defendant may pay the construction cost because there is a defect in solar structures in the instant case, such as the Plaintiff’s defective construction of solar structures.

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