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(영문) 서울중앙지방법원 2016.07.08 2015가합520841
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2010, the Plaintiff received 100KWP-based solar power plant construction works (hereinafter “instant construction works”) on the land indicated in the attached Table No. 1 of the attached Table No. 1 from Defendant Nex Korea by determining the contract amount as KRW 4.5 billion (hereinafter “instant construction contract”). Of the content, the parts related to the instant issues are as follows.

Article 20 (Partial Deposit) (1) If a contract for construction works specifies the completed portion, the plaintiff may request an inspection of the completed portion pursuant to the contract. In this case, defendant Qex Korea shall conduct an inspection without delay and notify the plaintiff of the result.

If the plaintiff fails to notify the result of the inspection within 14 days from the date on which the inspection was requested to Defendant Qex Korea, it shall be deemed to have passed the inspection.

(2) The completed portion of a SPC project shall be calculated on the basis of the unit price stated in the calculation sheets.

The payment of the price shall be directly transferred to the plaintiff's old account by the payment of the contract price to the plaintiff.

(3) The defendant window Korea shall pay the completed portion of the SPC project within 14 days from the date the inspection provided for in Article 20 (1) passes.

(4) Where Defendant Qex Korea delays the payment of the completed portion under Article 20 (3), both parties shall comply with Article 23.

Article 22 [Completion Inspection] (1) When the Plaintiff completes the construction, the Plaintiff shall notify the Defendant exte Korea, and the Defendant exte Korea shall, without delay, conduct the inspection in the presence of the Plaintiff after receiving the notification.

the prosecutor must complete within 10 days.

In the event that Defendant Nex Korea does not notify within 10 days after the completion of the inspection, or does not complete the inspection within such period, the Corporation shall be deemed to have passed the inspection and entirely accepted by Defendant Nex Korea.

Provided, That in the case of force majeure, a prosecutor shall make a public prosecutor for three days from the date of such force majeure.

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