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(영문) 창원지방법원 2017.11.02 2016가합55127
공사대금
Text

1. On February 9, 2016, the Plaintiff (combined Defendant) against the Defendant (Consolidated Plaintiff) for KRW 413,470,000 and KRW 300,000 among them.

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

1. Facts of premise;

A. On November 20, 2015, the Plaintiff was awarded a contract from the Defendant for “the manufacture and installation of a solar power plant” to install a solar power plant on the land, B, and one parcel of land, as follows:

(hereinafter referred to as the “instant construction contract”). The name of the construction project: Csolars (solar power plants 703.95K) : LG electronic 285W (2,470) Rober: Kaco 50K 500K (in-house type) 1,285,412,700 won (including value added tax) shall be adjusted to KRW 1,60,000 per KaW when changing the installation capacity.

Construction period: 20 to March 31, 2016 down payment conditions: 257,082,540 won: 257,082,540 won - The first intermediate payment after the arrival of the site of a structure: 642,706,350 won - The remainder before entering the site of a structure: 128,541,270 won - The method of construction and the scope of construction under Article 2 for three days after the completion of the pre-use inspection and the extension of the whole area;

1. The Plaintiff shall undertake the construction of a set of solar-powered installation works (703.95 KW).

2. The Plaintiff shall perform the construction work in accordance with the drawing for the completion of the subject matter of the contract.

3. The plaintiff must perform the construction work in response to the designation place of the defendant and the direction of the defendant.

4. Scope of the Plaintiff’s construction - Basic construction, structure design, electrical design (including supervision), manufacturing, installation, electrical construction, installation of steel-frames and structures, electrical construction and test run-up inspection, installation, installation, material and purchase contract, and all of the administrative documents authorized/permitted by the Korea Energy Management Corporation (the Defendant’s responsibility for civil petitions A) - Terms and conditions including terms and conditions of employment and industrial accident insurance premiums.

5. The scope of the Defendant’s construction - The foundation of solar power plants (907.95KW), all civil engineering works - All costs of development activities including the application for the Korean electric power plant and the Korean electric power plant site.

B. The Defendant paid the Plaintiff KRW 300,000,000, totaling of KRW 45,000,000 on August 20, 2015, and KRW 55,000,00 on November 23, 2016, and KRW 200,000 on January 26, 2016.

C. The Plaintiff shall install circular road construction and solar power generation chains.

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