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(영문) 광주고등법원 2019.07.05 2018나25068
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Defendants jointly agreed to manage solar power generation projects, and between the Plaintiff and the Plaintiff on July 17, 2014, concluded each construction contract (hereinafter “the instant first construction contract”) indicated in the attached Table 1 stating that the Defendants contracted construction works for the supply and installation of solar structures to the Plaintiff on July 17, 2014. On February 23, 2015, between the Plaintiff and the Plaintiff on February 23, 2015, each construction contract (hereinafter “the instant second construction contract”) entered into each of the instant construction contracts (hereinafter “each of the instant construction contracts”).

B. The main contents of each of the instant construction contracts are as follows.

The written contract for the installation of solar structures (Evidence A to 5)

1. Name of contract: D Corporation;

2. The construction site: The area of land outside and 25 lots south-Gun, Chungcheongnam-do; and

4. Design standards 4-1. Basic morals: 30m/Sgd. 4-2. Fixed Modified : 12 degrees, 24 degrees, 30 degrees.

6. The scope of construction: Supply and installation of the structures of solar power plants and the fastening of racks (excluding the fastening line);

8. Construction period;

A. The instant first construction contract: From July 17, 2014 to August 11, 2014.

The instant secondary construction contract: The period of warranty from February 24, 2015 to April 15, 2015: Five years from the date of completion of construction.

10. The range of liability for defects shall be 10-1. The installation of structures in solar power plants and ruptures 10-2. The excluding the cases where there are natural disasters or other causes recognized as force majeure.

11. 1) The Plaintiff is liable for defect repair within the scope of the construction performed under this contract. 2) The Plaintiff is liable for defect repair for five years from the date of confirmation of the completion of the construction performed under this contract (the date of passing the construction) and shall repair it at the Plaintiff’s expense within five days from the request of the Defendants for defect repair

(Provided, That this shall be limited to the gross negligence of construction).

On April 2015, the Plaintiff supplied and installed solar structures according to each of the instant construction contracts.

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