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1. The Defendants’ respective Plaintiff KRW 11,859,757 and Defendant Sung Branch Construction Co., Ltd., Ltd., from March 1, 2011.
Reasons
1. Basic facts
A. On August 27, 2008, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the installation of D and E-solar power generation system (hereinafter “the instant solar power generation system”) on the land outside the Gyeong-gun B and 4 parcels outside C and the five parcels outside C (hereinafter “instant contract”).
B. On December 2, 2008, Defendant A entered into a subcontract (hereinafter “instant subcontract”) with Defendant Sung Branch Construction Co., Ltd. (hereinafter “Defendant Sung Branch Construction”) by setting the construction period from December 2, 2008 to January 15, 2009 with respect to the construction of the foundation of civil engineering (hereinafter “instant construction”) among the installation of solar power infrastructure in the instant case.
C. Under the execution of civil engineering works, including site creation, on the part of the Plaintiff, Defendant Sung Branch Construction installed the foundation of solar power infrastructure of this case through the ground-breaking, steel distribution, old concrete typology and solar production work, etc. under the instant subcontract. After that, the construction of solar power infrastructure of this case and the construction of the structure of solar power infrastructure of this case were built by Jyoung Engineering Co., Ltd and CSex, which were subcontracted by the Defendant A, respectively.
On August 6, 2009, the Plaintiff was determined as passed by the Korea Electrical Safety Corporation on the premise that the entire construction has been completed in the pre-use inspection of solar power infrastructure of this case.
【Non-contentious facts, Gap’s evidence Nos. 1, 2, 7, 11, Eul’s evidence Nos. 3 and 4, the witness F’s testimony and the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) The plaintiff's assertion (1) the construction of the instant construction is incomplete, and ① the omission of reflabing construction, ② the corrosion part of the poppy and poppy, ③ the impairment of the primary embankment, the low difference in the location of the poppy, ④ the defect in the location of the poppy and the stoppy, ⑤ the construction of the stoppy part of the instant construction.