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(영문) 서울동부지방법원 2017.09.20 2016가합2923
공사대금
Text

1. The Defendant’s KRW 210,100,000 for the Plaintiff and the following: 25% per annum from February 1, 2016 to September 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of constructing solar power generation facilities.

As a joint representative of “B” (hereinafter “B”), the Defendant recruited a business entity to participate in the business of constructing solar power facilities and selling electricity produced to the Korea Electric Power Corporation to Korea Electric Power Corporation.

Article 6 (Total Contract Price) of the instant Construction Contract: 182,60,000 (excluding value-added tax) - Method of settling down payment of down payment of KRW 18,260,000 (10%) - Payment of the first intermediate payment of KRW 54,780,00 (30%) - Payment of KRW 91,30,000 (50%) of the second intermediate payment of KRW 91,30,000 (payment of KRW 50% after the completion of the construction of a structure) - Direct payment of KRW 18,260,00 (payment of KRW 10% after the completion of the pre-use inspection and the completion of the civil works) - Contract for Civil Works: Contract for Civil Works: Contract for Civil Works; 3] Payment of the unit price in accordance with the contract-design details after authorization and permission; and 25% interest shall be paid annually to the Plaintiff [the Plaintiff].

B. Around December 2014, the Plaintiff was individually awarded a contract with 14 members, including the Defendant, for the construction of the 17-year solar power plant (hereinafter “instant construction”) with respect to the 17-year solar power plant (hereinafter “instant construction”). The construction cost portion under the contract was set as follows.

C. Around September 2015, the Plaintiff drafted the first modified contract that increased the contract amount to KRW 209,000,000 (including value-added tax) including the amount of civil construction cost of KRW 15,000,000. Around November 2015, the Plaintiff drafted the second modified contract that increased the contract amount to KRW 210,100,000 (including value-added tax) by adding the amount of KRW 1,100,00 to the cost of replacing the server.

The Plaintiff subcontracted the construction of solar power generation facilities to the engineering work body C, which has been arranged for the instant construction work so that it can receive a contract, agreed to divide the earnings from the instant construction work by 50%.

(e).

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