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(영문) 광주지방법원 2019.05.30 2018가합796
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff obtained a contract with the Defendant for the construction of solar power plants (hereinafter referred to as “instant construction works”) at Jeonnam-gun C (A site) and D (B) (hereinafter referred to as “the instant solar power plants”) within a period of eight months after obtaining relevant permission, with the construction cost of KRW 5,500,000 (including value-added tax) and the construction period of eight months after obtaining the relevant permission.

(hereinafter referred to as “the instant contract”). (b)

The instant construction is a method of building 17 dongs and one dongs for a mushroom cultivator in the form of stairs depending on the flat floor and constructing solar power plants above that, the Defendant obtained approval for the use of 17 dongs and electric rooms on March 4, 2015, and obtained permission for the electric generation business for solar power plants in the instant case on December 17, 2014.

C. On March 8, 2016, the Plaintiff and the Defendant: (a) on the instant construction project, the Plaintiff and the Plaintiff were determined to provisionally seize the Plaintiff’s claim for construction payment against the Defendant as the Seoul District Court Decision 2015Kadan50432, Apr. 15, 2016, on the following grounds: (b) the remainder of the construction project (hereinafter “instant repair project”); and (c) KRW 139,738,410, out of the construction cost unpaid to the Plaintiff, the Defendant was awarded a subcontract for the instant site creation project during the instant provisional seizure, such as E Co., Ltd. (hereinafter “E”), after the completion of the instant repair project, and E Co., Ltd. (hereinafter “E”), etc., on May 20, 2015.

The amount of KRW 90,100,000 was paid after provisional attachment cancellation, and the remainder of KRW 50,000,000 was agreed that the Plaintiff shall be deposited first for construction works, etc. (hereinafter “instant agreement”) as follows.

(1) The repair work (including the establishment, etc. of a diplomatic mission) of the entire site in which melting soil has been lost in the face of the law, and two stone embankments in the law: Provided, That the crepans of a site A and B related to a legal crepit shall be installed, home tubes and water.

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