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(영문) 창원지방법원 2016.11.22 2016나51877
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or may be found by integrating the respective descriptions and arguments of Gap 1-4, 6, 7, 8-1, 13-2, 14, 2, 6-1, and 6-1. A.

On May 30, 2014, the Plaintiff entered into a contract with C to install solar power facilities on the roof of a warehouse building attached to E-house owned by the Plaintiff (hereinafter “instant contract”) with the Defendant, who operates solar power generation construction, etc. on the trade name “D” as the introduction of C, and the main contents of the contract at the time are as follows:

Article 2 (Scope of Contracts) The detailed contents and scope of the duties to be supplied to the Plaintiff by the Defendant under this Agreement shall be as follows:

1. Solar-powered cell board;

2. A server;

3. Connection team:

4. Manufacturing a structure to be installed;

5. The second side of measuring instruments shall be the section of the previous construction work for the installation of such measuring instruments.

6. Under this contract, pursuant to Article 3 (Contract Period), the Defendant must provide the Plaintiff with “solar power generation system” within 180 days after the contract was concluded or after the business license was granted.

Article 4 (Contract Amount) Contract Amount shall be two million won per day (Won 120,000,000) (VAT Separate).

Article 5 (Payment of Price)

1. The plaintiff and the defendant shall enter into this contract at the same time after the date agreed upon.

2.In the case of a contract, 10% of the contract amount shall be paid in advance, 50% of the project permit, 30% before the entry into a structure, and 10% after the pre-use inspection.

Article 6 (Termination and Rescission of Contracts) If one of the parties to this Agreement is unable to maintain this Agreement due to its failure to perform any of the obligations under this Agreement, the party which is not attributable may notify the other party in advance before a day to urge the other party to take corrective action and, however, if no appropriate measure is taken within this period, the party which is not responsible for such failure.

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