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(영문) 대구지방법원 2018.11.01 2017나1750
공사대금
Text

1. The judgment of the first instance, including the claim of the Defendant (Counterclaim Plaintiff) that has been expanded and reduced in the trial, is as follows:

Reasons

1. Basic facts

A. The Plaintiff established a mushroom cultivator on the B ground (hereinafter “instant land”) at a permanent address, and sought a project to install solar power generation systems on the roof of a mushroom cultivator, and recruited business operators who installed these solar power generation systems and sell electricity produced to the Korean Western Development Co., Ltd.

B. On February 6, 2014, the Defendant decided to participate in the Plaintiff’s above business, and on the ground of the instant land between the Plaintiff and the Plaintiff, “9kw-9.5kw solar power generation system” (hereinafter “instant construction”).

A) The construction contract was concluded to install, and the details of the contract are as follows. The construction name: the construction period: from January 28, 2014 to May 5, 2014, to the construction of the solar power generation system (high power generation system): The basic construction, support stand installation, control tower-type electrical construction: The unit installation, the distribution line installation, the distribution line installation contract amount: 251,900,000 won (including value-added tax 22,90,000,000) per day: The compensation rate for delay shall not exceed 3/100 [Provided, That the total compensation rate for delay of a contractor shall not exceed 3% of the total amount of each contract] under general conditions (Article 19(19).

1. After passing a pre-use inspection conducted by the Korea Electrical Safety Corporation, a contractor shall adjust the construction site, such as the removal or removal of surplus materials, wastes, temporary facilities, etc., and may request the person ordering the construction work to pay the construction cost;

2. The ordering person shall pay the construction price in cash to the contractor within five days after receiving the object of contract, unless otherwise stipulated;

C. The Plaintiff completed the instant installation work and completed the pre-use inspection on the Defendant’s solar power generation system on July 26, 2014, and around that time, delivered the solar power generation system to the Defendant.

The Defendant paid to the Plaintiff only KRW 239,550,000 among the construction cost of KRW 251,90,000, and the remainder of KRW 12,350.

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