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(영문) 수원지방법원안양지원 2015.10.15 2015가합569
물품대금
Text

1. The Defendant is jointly and severally with the standby Power Co., Ltd. to KRW 137,600,000 and its amount from August 8, 2014.

Reasons

1. Facts of recognition;

A. On May 29, 2014, with respect to the installation of solar power systems in a power plant located in the location where the standby power was ordered by the Defendant to the Defendant, the Plaintiff entered into a contract with the Defendant for the installation of the solar power generation system (including value added tax; hereinafter the same shall apply) to supply the solar power 24 pages of the solar power, supply the solar monitoring equipment and the operation of the solar monitoring equipment up to June 25, 2014, and (2) supply the price of KRW 121,000,000 to the solar power station at the location where the standby power was ordered by the Defendant, and completed the installation of each of the above goods by June 15, 2014.

B. On July 28, 2014, the Defendant agreed with the Plaintiff to pay the unpaid amount of KRW 137,000,000 to the Plaintiff within seven days after the completion of the pre-use inspection scheduled on July 30, 2014 (hereinafter “instant agreement”).

C. On July 31, 2014, the Plaintiff received a pre-use inspection of the facilities supplied and installed by the Plaintiff from the vice governor of the Incheon Western vice governor of the Korea Electrical Safety Corporation, and passed the pre-use inspection.

Afterwards, as the period of suspension of power generation due to the re-operation of the Defendant’s power plant equipment, the Defendant did not pay the remainder of goods to the Plaintiff. On December 19, 2014, the Plaintiff filed an application for payment order against the Defendant and standby power plant to pay the unpaid amount. This court accepted the application and accepted the order and issued the payment order to the Defendant and standby power plant on January 5, 2015, and only the Defendant raised an objection to the above payment order and implemented the instant litigation procedure.

【Partial grounds for recognition - without dispute, obvious facts in records, Gap evidence 1, 2, Gap evidence 3-1, 2, and Eul evidence 4.

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