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(영문) 서울중앙지방법원 2016.05.13 2015가합504603
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 165,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 28, 2014 to January 29, 2015.

Reasons

1. Circumstances leading to the dispute of this case;

A. 1) C Co., Ltd. (hereinafter “C”) (hereinafter “C”)

On July 3, 2013, the Defendant awarded a contract for construction cost of KRW 6,636,389,00 (excluding value-added tax) to the Defendant on September 27, 2013, the head office located in Seogu-gu and a new factory located in Daegu-gun-gun E, for installation capacity of KRW 2,140kW (the main office: 1,140kW/new factory: 1,00kW) for construction cost of installation of solar power plants located in the 6,636,389,000 (value-added tax separate) in a new factory located in Daegu-gu-gu, Daegu-gu, and the Defendant awarded a contract to the Defendant on February 23, 2015 (the trade name at the time of the conclusion of the subcontract, but was changed to “A Co., Ltd.”), among the construction works described in the said paragraph (a), for installation work cost of KRW 1,870,00,000 (value-added tax).

(3) The Plaintiff (hereinafter “instant subcontract”) on August 25, 2013, in order to perform installation works for solar power plants on the first and second solar power plants (hereinafter “G”).

(B) The Plaintiff entered into a sub-subcontract with regard to the foregoing construction. (B) On October 15, 2013, the Plaintiff was subject to a pre-use inspection by the Korea Electrical Safety Corporation on the first solar power plant, and was issued a facility confirmation from the new and renewable energy center on November 7, 2013.

2) During the Plaintiff’s process of installing the secondary solar power plant, the Defendant changed the design to the construction permit issue regarding the second solar power plant on January 2014 and March 2014. On January 1, 2014, the Defendant changed the design to install the solar sun-lights in the office Dong and monitor without installing the solar sun-lights, and on March 2014, the Defendant changed the design to install the solar sun-lights in the parking lot without installing the solar sun-lights in the office Dong and monitor. On March 2014, the Defendant changed the design to install the solar-lights in the parking lot. 3) The Defendant requested the Plaintiff to perform additional construction in accordance with the above design change, and the Plaintiff already installed in the existing design drawing (a angle, angle).

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